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DODI6495.02IncorporatingChange3SexualAssaultPreventionandResponseProgramProcedures_v1.pdf

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Department of Defense

INSTRUCTION

NUMBER 6495.02 March 28, 2013

Incorporating Change 3, May 24, 2017

USD(P&R)

SUBJECT: Sexual Assault Prevention and Response (SAPR) Program Procedures

References: See Enclosure 1

1. PURPOSE. This Instruction reissues DoD Instruction (DoDI) 6495.02 (Reference (a)), in

accordance with the authority in DoD Directives (DoDD) 5124.02 and 6495.01 (References (b)

and (c)):

a. Establishes policy and implements Reference (c) and assigns responsibilities and provides

guidance and procedures for the SAPR Program (see Glossary in Reference (c)).

b. Establishes the processes and procedures for the Sexual Assault Forensic Examination

(SAFE) Kit.

c. Establishes the multidisciplinary Case Management Group (CMG) (see Glossary) and

provides guidance on how to handle sexual assault.

d. Establishes SAPR minimum program standards, SAPR training requirements, and SAPR

requirements for the DoD Annual Report on Sexual Assault in the Military consistent with Title

10, United States Code (Reference (d)) the DoD Task Force Report on Care for Victims of

Sexual Assault (Reference (e)) and pursuant to References (b) and (c), and Public Laws 106-65,

108-375, 109-163, 109-364, 110-417, 111-84, 111-383, 112-81, 112-239, 113-66, and 113-291

(References (f) through (p)).

e. Implements section 536 of the National Defense Authorization Act (NDAA) for Fiscal

Year (FY) 2016 (Reference (q)) that preempts State laws that require disclosure of personally

identifiable information (PII) of the adult sexual assault victim or alleged perpetrator to local or

State law enforcement.

f. Incorporates and cancels Directive-Type Memorandum (DTM) 11-063 (Reference (r)) and

DTM 11-062 (Reference (s)) DTM 14-007(Reference (t)).

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2. APPLICABILITY

a. This Instruction applies to:

(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of

Staff and the Joint Staff, the Combatant Commands, the Inspector General of the Department of

Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational

entities within the DoD (hereinafter referred to collectively as the “DoD Components”).

(2) National Guard (NG) and Reserve members who are sexually assaulted when

performing active service, as defined in section 101(d)(3) of Reference (d), and inactive duty

training. If reporting a sexual assault that occurred prior to or while not performing active

service or inactive training, NG and Reserve members will be eligible to receive timely access to

SAPR advocacy services from a SARC and a SAPR VA, and the appropriate non-medical

referrals, if requested, in accordance with section 584(a) of the NDAA for FY 2012 (Reference

(m)), as amended by Section 1724 of the NDAA for FY 2014 (Reference (o)). They also have

access to a Special Victims' Counsel or Victims’ Legal Counsel (SVC/VLC) in accordance with

section 1044e of Reference (d) and are eligible to file a Restricted or Unrestricted Report.

Reports of prior- to- military service sexual assault shall be handled in accordance with the

procedures for Restricted and Unrestricted Reports outlined in this Instruction, as appropriate

based on the type of report made (Restricted or Unrestricted). Reserve Component members can

report at any time, and do not have to wait to be performing active service or be in inactive

training to file their report.

(3) Military dependents 18 years of age and older who are eligible for treatment in the

military healthcare system (MHS), at installations in the continental United States (CONUS) and

outside of the continental United States (OCONUS), and who were victims of sexual assault

perpetrated by someone other than a spouse or intimate partner (See Glossary). Adult military

dependents may file unrestricted or restricted reports of sexual assault.

(4) The following non-military individuals who are victims of sexual assault are only

eligible for limited emergency care medical services at a military treatment facility (MTF),

unless that individual is otherwise eligible as a Service member or TRICARE

(http://www.tricare.mil) beneficiary of the military health system to receive treatment in a MTF

at no cost to them. At this time, they are only eligible to file an Unrestricted Report. They will

also be offered the LIMITED SAPR services to be defined as the assistance of a Sexual Assault

Response Coordinator (SARC) and a SAPR Victim Advocate (VA) while undergoing emergency

care OCONUS. These limited medical and SAPR services shall be provided to:

(a) DoD civilian employees and their family dependents 18 years of age and older

when they are stationed or performing duties OCONUS and eligible for treatment in the MHS at

military installations or facilities OCONUS. These DoD civilian employees and their family

dependents 18 years of age and older only have the Unrestricted Reporting option.

(b) U.S. citizen DoD contractor personnel when they are authorized to accompany

the Armed Forces in a contingency operation OCONUS and their U.S. citizen employees. DoD

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contractor personnel only have the Unrestricted Reporting option. Additional medical services

may be provided to contractors covered under this instruction in accordance with DoDI 3020.41

(Reference (u)) as applicable.

(5) Service members who were victims of sexual assault PRIOR to enlistment or

commissioning are eligible to receive SAPR services (see Glossary) under either reporting

option. The DoD shall provide support to Service members regardless of when or where the

sexual assault took place. The SARC or SAPR VA will assist a victim to complete a DD Form

2910, “Victim Reporting Preference Statement,” and provide advocacy services and the

appropriate referrals, if requested, for victimization occurring prior to military service.

(a) Prior- to- military service victimization includes adult sexual assault (including

stranger sexual assault and intimate partner sexual assault, if the victim is no longer in the same

intimate relationship) and sexual assault that was perpetrated on the Service member while he or

she was still a child.

(b) Reports of prior-to-military service sexual assault will be handled in accordance

with the procedures for Restricted and Unrestricted Reports outlined in this instruction, as

appropriate based on the type of report made (Restricted or Unrestricted).

b. This instruction does NOT apply to victims of sexual assault perpetrated by a spouse or

intimate partner (see Glossary), or military dependents under the age of 18 who are sexually

assaulted. The Family Advocacy Program (FAP), as described in Volume 2 of DoD Manual

6400.1 (Reference (v)), provides the full range of services to those individuals. When a sexual

assault occurs as a result of domestic abuse or involves child abuse, the installation SARC and

the installation FAP staff will direct the victim to FAP.

3. DEFINITIONS. See Glossary.

4. POLICY. It is DoD policy, in accordance with Reference (c), that:

a. This Instruction and Reference (c) establish and implement the DoD SAPR program.

Unrestricted and Restricted Reporting options are available to Service members and their adult

military dependents in accordance with this Instruction.

b. The DoD goal is a culture free of sexual assault, through an environment of prevention,

education and training, response capability (see Glossary), victim support, reporting procedures,

and appropriate accountability that enhances the safety and well-being of all persons covered by

this Instruction and Reference (c).

(1) While a sexual assault victim may disclose information to whomever he or she

chooses, an official report is made only when a DD Form 2910 is signed and filed with a SARC

or SAPR VA, or when a Military Criminal Investigative Organization (MCIO) investigator

initiates an investigation.

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(2) For Restricted and Unrestricted Reporting purposes, a report can be made to

healthcare personnel, but healthcare personnel then immediately contact the SARC or SAPR VA

to fill out the DD Form 2910. Chaplains and military attorneys cannot take official reports.

(3) State laws that require disclosure of PII of the adult sexual assault victim or alleged

perpetrator to local or State law enforcement are preempted by Reference (q).

(4) Unless a DD Form 2910 is filed with a SARC, a report to a Chaplain or military

attorney may not result in the rendering of SAPR services or investigative action because of the

privileges associated with speaking to these individuals. A Chaplain or military attorney should

advise the victim to consult with a SARC to understand the full scope of services available or

facilitate, with the victim’s consent, contact with a SARC.

c. The SAPR Program shall:

(1) Focus on the victim and on doing what is necessary and appropriate to support victim

recovery, and also, if a Service member, to support that Service member to be fully mission

capable and engaged.

(2) Require that medical care and SAPR services are gender-responsive, culturally

competent, and recovery-oriented as defined in the Glossary of Reference (c).

(3) Not provide policy for legal processes within the responsibility of the Judge

Advocates General (JAG) of the Military Departments provided in sections 801-946 of

Reference (d), also known and referred to in this instruction as the Uniform Code of Military

Justice (UCMJ); the Manual for Courts-Martial (Reference (u)); or for criminal investigative

matters assigned to the IG DoD.

d. Command sexual assault awareness and prevention programs and DoD law enforcement

(see Glossary) and criminal justice procedures that enable persons to be held appropriately

accountable for their actions shall be supported by all commanders.

e. Standardized SAPR requirements, terminology, guidelines, protocols, and guidelines for

training materials shall focus on awareness, prevention, and response at all levels, as appropriate.

f. SARC and SAPR VA shall be used as standard terms as defined in and in accordance with

Reference (c) throughout the Military Departments to facilitate communications and

transparency regarding SAPR response capability.

g. The SARCs shall serve as the single point of contact for coordinating care to ensure that

sexual assault victims receive appropriate and responsive care. All SARCs shall be authorized to

perform victim advocate duties in accordance with service regulations and will be acting in the

performance of those duties.

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h. All SARCs shall have direct and unimpeded contact and access to the installation

commander (see Glossary) and the immediate commander of the Service member victim and

alleged Service member offender for the purpose of this Instruction and Reference (c). The

installation commander will have direct contact with the SARC(s) and this responsibility is not

further delegable.

(1) If an installation has multiple SARCs on the installation, a Lead SARC shall be

designated by the Service.

(2) For SARCs that operate within deployable commands that are not attached to an

installation, they shall have access to the senior commander for the deployable command.

i. A 24 hours, 7 days per week sexual assault response capability for all locations, including

deployed areas, shall be established for persons covered in this Instruction. An immediate,

trained sexual assault response capability shall be available for each report of sexual assault in all

locations, including in deployed locations.

j. SARCs, SAPR VAs, and other responders (see Glossary) will assist sexual assault victims

regardless of Service affiliation.

k. Service member and adult military dependent victims of sexual assault shall receive

timely access to comprehensive medical and psychological treatment, including emergency care

treatment and services, as described in this Instruction and Reference (c).

l. Sexual assault victims shall be given priority, and treated as emergency cases. Emergency

care (see Glossary) shall consist of emergency medical care and the offer of a SAFE. The victim

shall be advised that even if a SAFE is declined the victim shall be encouraged (but not

mandated) to receive medical care, psychological care, and victim advocacy.

m. DoD prohibits granting a waiver for commissioning or enlistment in the Military Services

when the person has a qualifying conviction (see Glossary) for a crime of sexual assault or is

required to be registered as a sex offender.

n. There will be a safety assessment capability for the purposes of ensuring the victim, and

possibly other persons, are not in physical jeopardy. A safety assessment will be available to all

Service members, adult military dependents, and civilians who are eligible for SAPR services,

even if the victim is not physically located on the installation. The installation commander or the

deputy installation commander will identify installation personnel who have been trained and are

able to perform a safety assessment of each sexual assault victim, regardless of whether he or she

filed a Restricted or Unrestricted Report. Individuals tasked to conduct safety assessments must

occupy positions that do not compromise the victim’s reporting options. The safety assessment

will be conducted as soon as possible, understanding that any delay may impact the safety of the

victim.

(1) For Unrestricted Reports, if a victim is assessed to be in a high-risk situation, the

assessor will immediately contact the installation commander or his or her deputy, who will

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immediately stand up a multi-disciplinary High-Risk Response Team in accordance with the

guidance in Enclosure 9 of this Instruction. This will be done even if the victim is not physically

located on the installation.

(2) For Restricted Reports, if the victim is assessed to be in a high-risk situation, it may

qualify as an exception to Restricted Reporting, which is necessary to prevent or mitigate a

serious and imminent threat to the health or safety of the victim or another person. The SARC

will be immediately notified. The SARC will disclose the otherwise-protected confidential

information only after consultation with the staff judge advocate (SJA) of the installation

commander, supporting judge advocate, or other legal advisor concerned, who will advise the

SARC as to whether an exception to Restricted Reporting applies, in accordance with the

guidance in Enclosure 4 of this Instruction. If the SJA determines that the victim is not in a high-

risk situation, then the report will remain Restricted. The SARC will ensure a safety assessment

is conducted.

o. Service members who file an Unrestricted Report of sexual assault shall be informed by

the SARC or SAPR VA at the time of making the report, or as soon as practicable, of the option

to request an Expedited Transfer, in accordance with the procedures for commanders in

Enclosure 5 of this Instruction. A Service member may request:

(1) A temporary or permanent Expedited Transfer from their assigned command or

installation to a different command or installation; or

(2) A temporary or permanent Expedited Transfer to a different location within their

assigned command or installation.

p. An enlisted Service member or a commissioned officer who made an Unrestricted Report

of sexual assault and is recommended for involuntary separation from the Military Services

within 1 year of final disposition of his or her sexual assault case may request a general or flag

officer (G/FO) review of the circumstances of and grounds for the involuntary separation in

accordance with DoD Instructions 1332.14 and 1332.30 (References (x) and (y)).

(1) A Service member requesting this review must submit his or her written request to

the first G/FO in the separation authority’s chain of command before the separation authority

approves the member’s final separation action.

(2) Requests submitted after final separation action is complete will not be reviewed by a

G/FO, but the separated Service member may apply to the appropriate Service Discharge Review

Board or Board of Correction of Military/Naval Records of their respective Service for

consideration.

(3) A Service member who submits a timely request will not be separated until the G/FO

conducting the review concurs with the circumstances of and the grounds for the involuntary

separation.

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q. DoD prohibits granting a waiver for commissioning or enlistment in the Military Services

when the person has a qualifying conviction (see Glossary) for a crime of sexual assault, or a

conviction for an attempt of a sexual assault crime, or has ever been required to be registered as a

sex offender, in accordance with section 657 of Reference (d).

r. A Service member whose conviction of rape, sexual assault, forcible sodomy, or an

attempt to commit one of the offenses is final, and who is not punitively discharged in

connection with such convictions, will be processed for administrative separation for misconduct

in accordance with DoD Instruction 1332.14 and DoD Instruction 1332.30 (References (xv)

enlisted personnel and (y) commissioned officers).

s. Information regarding Restricted Reports should only be released to persons authorized

to accept Restricted Reports or as authorized by law or DoD regulation. Improper disclosure of

confidential communications under Restricted Reporting or improper release of medical

information are prohibited and may result in disciplinary action pursuant to the UCMJ or other

adverse personnel or administrative actions.

t. Information regarding Unrestricted Reports should only be released to personnel with an

official need to know or as authorized by law. Improper disclosure of confidential

communications under Unrestricted Reporting or improper release of medical information are

prohibited and may result in disciplinary action pursuant to the UCMJ or other adverse personnel

or administrative actions.

u. The DoD will retain the DD Forms 2910, “Victim Reporting Preference Statement,” and

2911, “DoD Sexual Assault Forensic Examination (SAFE) Report,” for 50 years, regardless of

whether the Service member filed a Restricted or Unrestricted Report as defined in Reference

(c). Personally identifiable information (PII) will be protected in accordance with sections 552a

of title 5, United States Code, also known as the Privacy Act of 1974 (Reference (z)) and DoDD

5400.11 and Public Law 104-191 (References (aa) and (ab)).

(1) Document Retention and SAFE Kit Retention for Unrestricted Reports:

(a) The SARC will enter the Unrestricted Report DD Form 2910in the Defense

Sexual Assault Incident Database (DSAID) (see Glossary in Reference (c)) as an electronic

record within 48 hours of the report, where it will be retained for 50 years from the date the

victim signed the DD Form 2910. The DD Form 2910 is located at the DoD Forms Management

Program website at http://www.dtic.mil/whs/directives/forms/index.htm.

(b) The DD Form 2911 shall be retained in accordance with DoDI 5505.18

(Reference (ac)). The DD Form 2911 is located at the DoD Forms Management Program

website at http://www.dtic.mil/whs/directives//forms/index.htm.

with Reference (ac) and in accordance with section 586 of Reference (m), as amended by section

538 of Reference (p). When the forensic examination is conducted at a civilian facility through a

memorandum of understanding (MOU) or a memorandum of agreement (MOA) with the DoD,

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the requirement for the handling of the forensic kit will be explicitly addressed in the MOU or

MOA. The MOU or MOA with the civilian facility will address the processes for contacting the

SARC and for contacting the appropriate DoD agency responsible for accepting custody of the

SAFE.

(d) Personal property retained as evidence collected in association with a sexual

assault investigation will be retained for a period of 5 years. Personal property may be returned

to the rightful owner of such property after the conclusion of all legal, adverse action and

administrative proceedings related to such incidents in accordance with section 586 of the

NDAA for FY 2012, as amended by section 538 of Reference (p) and DoD regulations.

(2) Document Retention and SAFE Kit Retention for Restricted Reports:

(a) The SARC will retain a copy of the Restricted Report DD Form 2910 for 50

years, consistent with DoD guidance for the storage of PII. The 50-year time frame for the DD

Form 2910 will start from the date the victim signs the DD Form 2910. For Restricted Reports,

forms will be retained in a manner that protects confidentiality.

(b) If the victim had a SAFE, the Restricted Report DD Form 2911 will be retained

for 50 years, consistent with DoD guidance for the storage of PII. The 50-year time frame for

the DD Form 2911 will start from the date the victim signs the DD Form 2910, but if there is no

DD Form 2910, the timeframe will start from the date the SAFE Kit is completed. Restricted

Report forms will be retained in a manner that protects confidentiality.

designated by the Military Service concerned. When the forensic examination is conducted at a

civilian facility through an MOU or an MOA with the DoD, the requirement for the handling of

the forensic kit will be explicitly addressed in the MOU or MOA. The MOU or MOA with the

civilian facility will address the processes for contacting the SARC and for contacting the

appropriate DoD agency responsible for accepting custody of the forensic kit. The 5-year time

frame will start from the date the victim signs the DD Form 2910, but if there is no DD Form

2910, the timeframe will start from the date the SAFE Kit is completed.

(d) Personal property retained as evidence collected in association with a sexual

assault investigation will be retained for a period of 5 years. In the event the report is converted

to Unrestricted or an independent investigation is conducted, personal property may be returned

to the rightful owner of such property after the conclusion of all legal, adverse action and

administrative proceedings related to such incidents in accordance with section 586 of Reference

(m), as amended by section 538 of Reference (p), and DoD regulations.

v. Current or former Service members who made a report of sexual assault may contact their

respective Service SAPR headquarters office or Service or NG SARCs for help accessing their

DD Forms 2910 and 2911. Requests for release of information relating to sexual assaults will be

processed by the organization concerned, in accordance with the procedures specified in the

sections 552 and 552a of Reference (z), also known as “The Freedom of Information Act” and

“The Privacy Act of 1974” respectively.

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w. Service members who file Unrestricted and Restricted Reports of sexual assault and/or

their dependents shall be protected from retaliation, reprisal, ostracism, maltreatment, or threats

thereof, for filing a report.

x. An incident report must be submitted in writing within 8 days after an Unrestricted Report

of sexual assault has been made in accordance with section 1743 of Reference (o). This 8-day

incident report will only be provided to personnel with an official need to know.

y. At the time of reporting, victims must be informed of the availability of legal assistance

and the right to consult with a SVC/VLC in accordance with section 1044e of Reference (d).

z. Consistent with the Presidential Memorandum (Reference (ad)), sexual assaults in DoD

confinement facilities involving Service members will be governed by Part 115 of Title 28, Code

of Federal Regulations (Reference (ae)).

5. RESPONSIBILITIES. See Enclosure 2.

6. PROCEDURES. See Enclosures 3 through 12.

7. INFORMATION COLLECTIONS.

a. The DSAID, the DD Form 2910, and the DD Form 2965, “Defense Sexual Assault

Incident Database (DSAID) Data Form,” referred to in this Instruction, have been assigned

Office of Management and Budget control number 0704-0482 in accordance with the procedures

in Volume 2 of DoD Manual 8910.01 (Reference (af)).

b. The annual report regarding sexual assaults involving Service members and improvement

to sexual assault prevention and response programs referred to in paragraph 6.z. of Enclosure 2;

paragraphs 1.i., 1.j., and 1.l. of Enclosure 3; paragraph 3.h.(2) and 6.i. of Enclosure 5; and

sections 1 and 4 of Enclosure 12 of this Instruction is submitted to Congress in accordance with

section 1631(d) of Reference (l) and is coordinated with the Assistant Secretary of Defense for

Legislative Affairs in accordance with the procedures in DoDI 5545.02 (Reference (ag)).

c. The quarterly reports of sexual assaults involving Service members referred to in

Enclosures 2, 3, 10, 11, and 12 of this Instruction are prescribed by Reference (b) and have been

assigned report control symbol DD-P&R(Q)2205 in accordance with the procedures in

Reference (af) and Volume 1 of DoD Manual 8910.01 (Reference (ah)).

d. The Service Academy sexual assault survey referred to in section 3 of Enclosure 12 of this

Instruction has been assigned report control symbol DD-P&R(A)2198 in accordance with the

procedures in References (af) and (ah).

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e. The Survivor Experience Survey, referred to in section 1 of Enclosure 12 of this

Instruction and conducted by the Defense Manpower Data Center (DMDC), has been assigned

the Report Control Symbol DD-P&R(AR)2554 in accordance with the procedures in

Reference (af).

8. RELEASABILITY. Cleared for public release. This Instruction is available on the DoD

Issuances Website at http://www.dtic.mil/whs/directives.

9. SUMMARY OF CHANGE 3. The changes to this issuance are administrative and update

organizational titles and references for accuracy.

10. EFFECTIVE DATE. This Instruction is effective March 28, 2013.

Enclosures

1. References

2. Responsibilities

3. Oversight of the SAPR Program

4. Reporting Options and Sexual Assault Reporting Procedures

5. Commander and Management SAPR Procedures

6. SARC and SAPR VA Procedures

7. Healthcare Provider Procedures

8. SAFE Kit Collection and Preservation

9. Case Management for Unrestricted Reports of Sexual Assault

10. Training Requirements for DoD Personnel

11. DSAID

12. Sexual Assault Annual and Quarterly Reporting Requirements

Glossary

DoDI 6495.02, March 28, 2013

Change 3, 05/24/2017 CONTENTS

TABLE OF CONTENTS

ENCLOSURE 1: REFERENCES .................................................................................................14

ENCLOSURE 2: RESPONSIBILITIES .......................................................................................17

UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS

(USD(P&R)) ......................................................................................................................17

DIRECTOR, DEPARTMENT OF DEFENSE HUMAN RESOURCE ACTIVITY

(DoDHRA) .........................................................................................................................17

ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS (ASD(HA)) ............18

GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC DoD) ......................19

IG DoD.....................................................................................................................................19

SECRETARIES OF THE MILITARY DEPARTMENTS......................................................19

CHIEF, NATIONAL GUARD BUREAU (NGB)...................................................................29

CHAIRMAN OF THE JOINT CHIEFS OF STAFF ...............................................................30

COMMANDERS OF THE COMBATANT COMMANDS ...................................................30

ENCLOSURE 3: OVERSIGHT OF THE SAPR PROGRAM.....................................................31

DIRECTOR, SAPRO ...............................................................................................................31

SAPR IPT.................................................................................................................................33

ENCLOSURE 4: REPORTING OPTIONS AND SEXUAL ASSAULT REPORTING

PROCEDURES........................................................................................................................35

REPORTING OPTIONS .........................................................................................................35

INITIATING MEDICAL CARE AND TREATMENT UPON RECEIPT OF REPORT ......38

IMPLEMENTING DoD DUAL OBJECTIVES ......................................................................39

REPORTS AND COMMANDERS .........................................................................................39

EXCEPTIONS TO RESTRICTED REPORTING AND DISCLOSURES.............................40

ACTIONABLE RIGHTS.........................................................................................................42

RESOURCES FOR VICTIMS TO REPORT RETALIATION, REPRISAL, OSTRACISM,

MALTREATMENT, SEXUAL HARASSMENT OR TO REQUEST AN

EXPEDITED/SAFETY TRANSFER OR MILITARY PROTECTIVE ORDER

(MPO)/CIVILIAN PROTECTIVE ORDER (CPO) ..........................................................42

ENCLOSURE 5: COMMANDER AND MANAGEMENT SAPR PROCEDURES ..................44

SAPR MANAGEMENT ..........................................................................................................44

INSTALLATION COMMANDER SAPR RESPONSE PROCEDURES ..............................44

COMMANDER SAPR RESPONSE PROCEDURES ............................................................45

MOUs OR MOAs WITH LOCAL CIVILIAN AUTHORITIES ............................................48

LINE OF DUTY (LOD) PROCEDURES ...............................................................................49

EXPEDITED VICTIM TRANSFER REQUESTS ..................................................................51

DoDI 6495.02, March 28, 2013

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MILITARY PROTECTIVE ORDERS (MPO) .......................................................................56

COLLATERAL MISCONDUCT IN SEXUAL ASSAULT CASES .....................................58

COMMANDER SAPR PREVENTION PROCEDURES .......................................................59

ENCLOSURE 6: SARC AND SAPR VA PROCEDURES .........................................................61

SARC PROCEDURES ............................................................................................................61

SAPR VA PROCEDURES ......................................................................................................66

ENCLOSURE 7: HEALTHCARE PROVIDER PROCEDURES ...............................................68

ENCLOSURE 8: SAFE KIT COLLECTION AND PRESERVATION ......................................73

ENCLOSURE 9: CASE MANAGEMENT FOR UNRESTRICTED REPORTS OF

SEXUAL ASSAULT ...............................................................................................................76

GENERAL ...............................................................................................................................76

PROCEDURES........................................................................................................................77

ENCLOSURE 10: TRAINING REQUIREMENTS FOR DoD PERSONNEL ...........................82

MANAGEMENT OF TRAINING REQUIREMENTS ..........................................................82

GENERAL TRAINING REQUIREMENTS ...........................................................................82

DoD PERSONNEL TRAINING REQUIREMENTS .............................................................86

G/FO AND SES PERSONNEL TRAINING REQUIREMENTS...........................................91

MILITARY RECRUITERS.....................................................................................................91

TRAINING FOR CIVILIANS WHO SUPERVISE SERVICE MEMBERS .........................91

RESPONDER TRAINING REQUIREMENTS ......................................................................91

ENCLOSURE 11: DSAID ..........................................................................................................106

PURPOSE ..............................................................................................................................106

PROCEDURES......................................................................................................................106

NOTIFICATION PROCEDURES AND RECORD ACCESS PROCEDURES ..................107

ENCLOSURE 12: SEXUAL ASSAULT ANNUAL AND QUARTERLY REPORTING

REQUIREMENTS .................................................................................................................108

ANNUAL REPORTING FOR THE MILITARY SERVICES .............................................108

QUARTERLY REPORTS .....................................................................................................108

ANNUAL REPORTING FOR THE MILITARY SERVICE ACADEMIES (MSAs) .........109

ANNUAL REPORTING OF INSTALLATION DATA .......................................................109

APPENDIX TO ENCLOSURE 12

SEXUAL ASSAULT OFFENSE - INVESTIGATIVE DISPOSITION .........................111

DoDI 6495.02, March 28, 2013

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GLOSSARY ................................................................................................................................115

PART I: ABBREVIATIONS AND ACRONYMS ..............................................................115

PART II: DEFINITIONS ......................................................................................................117

TABLES

1. Retention or Return to Active Duty of Reserve Component Members for LOD

Determinations to Ensure Continuity of Care ....................................................................51

2. Victim Transfer Processes ..................................................................................................55

DoDI 6495.02, March 28, 2013

Change 3, 05/24/2017 ENCLOSURE 1

ENCLOSURE 1

REFERENCES

(a) DoD Instruction 6495.02, “Sexual Assault Prevention and Response Program Procedures,”

June 23, 2006 (hereby cancelled)

(b) DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness

(USD(P&R)),” June 23, 2008

January 23, 2012, as amended

(d) Title 10, United States Code

(e) Under Secretary for Personnel and Readiness Report, “Task Force Report on Care for

Victims of Sexual Assault,” April 2004

(f) Public Law 106-65, “National Defense Authorization Act for Fiscal Year 2000,” October 5,

1999

(g) Public Law 108-375, “Ronald W. Reagan National Defense Authorization Act for Fiscal

Year 2005,” October 28, 2004

(h) Public Law 109-163, “National Defense Authorization Act for Fiscal Year 2006,”

January 6, 2006

(i) Public Law 109-364, “John Warner National Defense Authorization Act for Fiscal Year

2007,” October 17, 2006

(j) Sections 561, 562, and 563 of Public Law 110-417, “Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009,” October 14, 2008

(k) Public Law 111-84, “National Defense Authorization Act for Fiscal Year 2010,”

October 28, 2009

(l) Public Law 111-383, “Ike Skelton National Defense Authorization Act for Fiscal Year

2011,” January 7, 2011

(m) Sections 584, 585, and 586 of Public Law 112-81, “National Defense Authorization Act for

Fiscal Year 2012,” December 31, 2011

(n) Public Law 112-239, “National Defense Authorization Act for Fiscal Year 2013,”

January 2, 2013

(o) Public Law 113-66, “National Defense Authorization Act for Fiscal Year 2014,”

December 26, 2013

(p) Public Law 113-291, “Carl Levin and Howard P. ‘Buck’ McKeon National Defense

Authorization Act for Fiscal Year 2015,” December 29, 2014

(q) Public Law 114-92, “National Defense Authorization Act for Fiscal Year 2016,” November

25, 2015

(r) Directive-Type Memorandum 11-063, “Expedited Transfer of Military Service Members

Who File Unrestricted Reports of Sexual Assault,” December 16, 2011 (hereby cancelled)

(s) Directive-Type Memorandum 11-062, “Document Retention in Cases of Restricted and

Unrestricted Reports of Sexual Assault,” December 16, 2011 (hereby cancelled)

(t) Directive-type Memorandum 14-007, “Sexual Assault Incident Response Oversight

(SAIRO) Report,” September 30, 2014, as amended (hereby cancelled)

(u) DoD Instruction 3020.41, “Operational Contract Support (OCS),” December 20, 2011

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(v) DoD Manual 6400.01, Volume 2, “Family Advocacy Program (FAP): Child Abuse and

Domestic Abuse Incident Reporting System,” August 11, 2016

(w) U.S. Department of Defense, “Manual for Courts-Martial, United States,” current edition

(x) DoD Instruction 1332.14, “Enlisted Administrative Separations,” January 27, 2014, as

amended

(y) DoD Instruction 1332.30, “Separation of Regular and Reserve Commissioned Officers,”

November 25, 2013

(z) Title 5, United States Code

(aa) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014

(ab) Public Law 104-191, “Health Insurance Portability and Accountability Act of 1996,”

August 21, 1996

(ac) DoD Instruction 5505.18, “Investigation of Adult Sexual Assault in the Department of

Defense,” January 25, 2013, as amended

(ad) Presidential Memorandum, “Implementing the Prison Rape Elimination Act,” May 17,

2012

(ae)Part 115 of Title 28, Code of Federal Regulations, May 17, 2012

(af) DoD Manual 8910.01, Volume 2, “DoD Information Collections Manual: Procedures for

DoD Public Information Collections,” June 30, 2014, as amended

(ag) DoD Instruction 5545.02, “DoD Policy for Congressional Authorization and

Appropriations Reporting Requirements,” December 19, 2008

(ah) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for

DoD Internal Information Collections,” June 30, 2014, as amended

(ai) Department of Defense Instruction 6495.03, “Defense Sexual Assault Advocate

Certification Program (D-SAACP),” September 10, 2015

(aj) U.S. Department of Justice, Office on Violence Against Women, “A National Protocol for

Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” current version

(ak) DoD Instruction 5505.19, “Establishment of Special Victim Investigation and Prosecution

(SVIP) Capability within the Military Criminal Investigative Organizations (MCIOs),”

February 3, 2015, as amended

(al) DoD Instruction 1030.2, “Victim and Witness Assistance Procedures,” June 4, 2004

(am) DoD Directive 7050.06, “Military Whistleblower Protection,” April 17, 2015

(an) Under Secretary of Defense for Personnel and Readiness Memorandum, “Guidelines for

the DoD Safe Helpline,” January 22, 2015

(ao) DoD Directive 1350.2, “Department of Defense Military Equal Opportunity (MEO)

Program,” August 18, 1995, as amended

(ap) Directive-type Memorandum 14-003, “DoD Implementation of Special Victim Capability

(SVC) Prosecution and Legal Support,” February 12, 2014 (as amended)

(aq) Under Secretary of Defense for Personnel and Readiness Memorandum, “Certification

Standards for Department of Defense Sexual Assault Prevention and Response Program

Managers,” March 10, 2015

(ar) DoD Instruction 6400.07, “Standards for Victim Assistance Services in the Military

Community,” November 25, 2013

(as) DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003

(at) Executive Order 13593, “2011 Amendments to the Manual for Courts-Martial, United

States,” December 13, 2011

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(au) “DoD Retaliation Prevention and Response Strategy: Regarding Sexual Assault and

Harassment Reports,” April 2016

(av) DoD Directive 1030.01, “Victim and Witness Assistance,” April 13, 2004, as amended

(aw) Secretary of Defense Memorandum, “Withholding Initial Disposition Authority Under the

Uniform Code of Military Justice in Certain Sexual Assault Cases,” April 20, 2012

(ax) Department of Defense, “Department of Defense 2014-2016 Sexual Assault Prevention

Strategy,” April 30, 2014

(ay) DoD Directive 5136.13, “Defense Health Agency (DHA),” September 30, 2013

(az) U.S. Department of Justice, Office on Violence Against Women, “National Training

Standards for Sexual Assault Medical Forensic Examiners,” current version

(ba) DoD Instruction 6025.13, “Medical Quality Assurance (MQA) and Clinical Quality

Management in the Military Health Care System (MHS)”, February 17, 2011, as amended

(bb) Under Secretary of Defense for Personnel and Readiness Memorandum, “Legal Assistance

for Victims of Crime,” October 17, 2011

(bc) DoD 4165.66-M, “Base Redevelopment and Realignment Manual,” March 1, 2006

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ENCLOSURE 2

RESPONSIBILITIES

1. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS

(USD(P&R)). The USD(P&R), in accordance with the authority in References (b) and (c), shall:

a. Oversee the DoD Sexual Assault Prevention and Response Office (SAPRO) (see Glossary

in Reference (c)) in accordance with Reference (c).

b. Direct DoD Component implementation of this Instruction in compliance with

Reference (c).

c. Direct that Director, SAPRO, be informed of and consulted on any changes in DoD policy

or the UCMJ relating to sexual assault.

d. With the Director, SAPRO, update the Deputy Secretary of Defense on SAPR policies

and programs on a semi-annual schedule.

e. Direct the implementation, use, and maintenance of DSAID.

f. Oversee DoD SAPRO in developing DoD requirements for SAPR education, training, and

awareness for DoD personnel consistent with this Instruction.

g. Appoint a G/FO or Senior Executive Service (SES) equivalent in the DoD as the Director,

SAPRO, in accordance with section 1611(a) of the Ike Skelton NDAA for FY 2011 (Reference

(l)), as amended by section 583 of Reference (m), the NDAA for FY 2012.

h. In addition to the Director, SAPRO, assign at least one military officer from each of the

Military Services and a National Guard member in title 10 status in the grade of O–4 or above to

SAPRO for a minimum tour length of at least 18 months. Of the military officers assigned to the

SAPRO, at least one officer shall be in the grade of O–6 or above in accordance with section

1611(d) of Reference (m).

i. Maintain the Defense Sexual Assault Advocate Certification Program (D-SAACP), the

DoD-wide certification program (see Glossary), with a national accreditor to ensure all sexual

assault victims are offered the assistance of a SARC or SAPR VA who has obtained this

certification in accordance with DoDI 6495.03 (Reference (ai)).

j. Maintain the DoD Safe Helpline (see Glossary) to ensure members of the DoD community

are provided with the specialized hotline help they need, anytime, anywhere.

2. DIRECTOR, DEPARTMENT OF DEFENSE HUMAN RESOURCE ACTIVITY

(DoDHRA). The Director, DoDHRA, under the authority, direction, and control of the

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USD(P&R), shall provide operational support, budget, and allocate funds and other resources for

the DoD SAPRO as outlined in Reference (c).

3. ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS (ASD(HA)). The

ASD(HA), under the authority, direction, and control of the USD(P&R), shall:

a. Establish DoD sexual assault healthcare policies, clinical practice guidelines, related

procedures, and standards governing the DoD healthcare programs for victims of sexual assault.

b. Oversee the requirements and procedures in Enclosure 7 of this Instruction.

c. Establish guidance to:

(1) Give priority to sexual assault patients at MTFs as emergency cases.

(2) Require standardized, timely, accessible, and comprehensive medical care at MTFs

for eligible persons who are sexually assaulted.

(3) Require that medical care is consistent with established community standards for the

healthcare of sexual assault victims and the collection of forensic evidence from victims, in

accordance with the U.S. Department of Justice Protocol (Reference (aj)), instructions for victim

and alleged offender exams found in the SAFE Kit, and DD Form 2911.

(a) Minimum standards of healthcare intervention that correspond to clinical

standards set in the community shall include those established in Reference (aj). However,

clinical guidance shall not be solely limited to this resource.

(b) Prescribe training and certification requirements for sexual assault medical

forensic examiners.

operation are required to have access to the current version of Reference (aj).

(4) Include deliberate planning to strategically position healthcare providers skilled in

SAFE at predetermined echelons of care, for personnel with the responsibility of assigning

medical assets.

d. Establish guidance for medical personnel that requires a SARC or SAPR VA to be called

in for every incident of sexual assault for which treatment is sought at the MTFs, regardless of

the reporting option.

e. Establish guidance in drafting MOUs or MOAs with local civilian medical facilities to

provide DoD-reimbursable healthcare (to include psychological care) and forensic examinations

for Service members and TRICARE eligible sexual assault victims in accordance with Enclosure

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7 of this Instruction. As part of the MOU or MOA, a SARC or SAPR VA will be notified for

every incident of sexual assault.

f. Establish guidelines and procedures for the Surgeons General of the Military Departments

to require that an adequate supply of resources, to include personnel, supplies, and SAFE Kits, is

maintained in all locations where SAFEs may be conducted by DoD, including deployed

locations. Maintaining an adequate supply of SAFE Kits is a shared responsibility of the

ASD(HA) and Secretaries of the Military Departments.

g. In accordance with Enclosure 10 of this Instruction, establish minimum standards for

initial and refresher SAPR training required for all personnel assigned to MTFs and for

specialized training for responders and healthcare providers.

4. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC DoD). The GC DoD,

shall:

a. Provide legal advice and assistance on proposed policies, DoD issuances, proposed

exceptions to policy, and review of all legislative proposals affecting mission and responsibilities

of SAPRO.

b. Inform the USD(P&R) of any sexual assault related changes to the UCMJ.

5. IG DOD. The IG DoD shall:

a. Establish guidance and provide oversight for the investigations of sexual assault in the

DoD to meet the SAPR policy and training requirements of this Instruction.

b. Inform the USD(P&R) of any changes relating to sexual assault investigation policy or

guidance.

c. Collaborate with SAPRO in the development of investigative policy in support of sexual

assault prevention and response.

6. SECRETARIES OF THE MILITARY DEPARTMENTS. The Secretaries of the Military

Departments shall:

a. Establish SAPR policy and procedures to implement this Instruction.

b. Coordinate all Military Service SAPR policy changes with the USD(P&R).

c. Establish and publicize policies and procedures regarding the availability of a SARC.

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(1) Require that sexual assault victims receive appropriate and responsive care and that

the SARC serves as the single point of contact for coordinating care for victims.

(2) Direct that the SARC or a SAPR VA be immediately called in every incident of

sexual assault on a military installation. There will be situations where a sexual assault victim

receives medical care and a SAFE outside of a military installation through an MOU or MOA

with a local private or public sector entity. In these cases, the MOU or MOA will require that a

SARC be notified as part of the MOU or MOA.

(3) When a victim has a temporary change of station or permanent change of station or is

deployed, direct that SARCs immediately request victim consent to transfer case management

documents. Require the SARC to document the consent to transfer in the DD Form 2910. Upon

receipt of victim consent, SARCs shall expeditiously transfer case management documents to

ensure continuity of care and SAPR services. All Federal, DoD, and Service privacy regulations

must be strictly adhered to. However, when the SARC has a temporary change of station or

permanent change of station or is deployed, no victim consent is required to transfer the case to

the next SARC. Every effort must be made to inform the victim of the case transfer. If the

SARC has already closed the case and terminated victim contact, no other action is needed. See

Enclosure 5 for Expedited Transfer protocols and commander notification procedures.

(4) Require the assignment of at least one full-time SARC and one full-time SAPR VA

to each brigade or equivalent unit in accordance with section 584 of Reference (m). Additional

full- time or part-time SARCs and SAPR VAs may be assigned as necessary based on the

demographics or needs of the unit in accordance with Reference (m). Only Service members or

DoD civilians will serve as SARCs and SAPR VAs in accordance with section 584 of Reference

(m).

(5) Sexual assault victims shall be offered the assistance of a SARC and/or SAPR VA

who has been credentialed by the D-SAACP. D-SAACP certification requirements are

contained in the DD Form 2950, “Department of Defense Sexual Assault Advocate Certification

Program Application Packet,” and Reference (ai).

(6) Issue guidance to ensure that equivalent standards are met for SAPR where SARCs

are not installation-based but instead work within operational and/or deployable organizations.

d. Establish guidance to meet the SAPR training requirements for legal, MCIO, DoD law

enforcement, responders, and other Service members in Enclosure 10 of this Instruction.

e. Establish standards and periodic training for healthcare personnel and healthcare providers

regarding the Unrestricted and Restricted Reporting options of sexual assault in accordance with

Enclosure 10 of this Instruction. Enforce eligibility standards for healthcare providers to perform

SAFEs.

f. Require first responders (see Glossary) to be identified upon their assignment and trained,

and require that their response times be continually monitored by their commanders to ensure

timely response to reports of sexual assault. The response for MCIOs is governed by DoDI

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5505.19 (Reference (ak)). See Enclosure 10 of this Instruction for training requirements. Ensure

established response time is based on local conditions but reflects that sexual assault victims will

be treated as emergency cases.

g. Upon request, submit a copy of SAPR training programs or SAPR training elements to the

USD(P&R) through SAPRO for evaluation of consistency and compliance with DoD SAPR

training standards in this Instruction and current SAPR core competencies and learning

objectives. The Military Departments will correct USD(P&R) identified DoD SAPR policy and

training standards discrepancies.

h. Establish policy that ensures commanders are accountable for implementing and

executing the SAPR program at their installations consistent with this Instruction, Reference (c),

and their Service regulations.

i. Require the assignment of at least one full-time sexual assault medical forensic examiner

to each MTF that has an emergency department that operates 24 hours per day. Additional

sexual assault medical forensic examiners may be assigned based on the demographics of the

patients who utilize the MTF.

j. In cases of MTFs that do not have an emergency department that operates 24 hours per

day, require that a sexual assault medical forensic examiner be made available to a patient of the

facility through an MOU or MOA with local private or public sector entities and consistent with

Reference (aj), when a determination is made regarding the patient’s need for the services of a

sexual assault medical forensic examiner. The MOU or MOA will require that SARCs or SAPR

VAs are contacted and that SAFE Kits are collected and preserved in accordance with Enclosure

8 of this Instruction.

k. Establish guidance to direct that all Unrestricted Reports of violations (to include

attempts) of sexual assault and non-consensual sodomy, as defined in Reference (d), against

adults are immediately reported to the MCIO.

(1) A unit commander who receives an Unrestricted Report of an incident of sexual

assault shall immediately refer the matter to the appropriate MCIO. A unit commander shall not

conduct internal, command-directed investigations on sexual assault allegations (i.e., no referrals

to appointed command investigators or inquiry officers) or delay immediately contacting the

MCIOs while attempting to assess the credibility of the report.

(2) Commander(s) of the Service member(s) who is a subject of a sexual assault

allegation shall, as soon as possible, provide in writing all disposition data, to include any

administrative or judicial action taken, if any, stemming from the sexual assault investigation to

the MCIO.

(3) Once the investigation is completed, MCIOs shall submit case disposition data that

satisfies the reporting requirements for DSAID identified in Enclosure 11 and the annual

reporting requirements in Enclosure 12 of this Instruction.

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l. Establish SAPR policy that requires commanders to be responsive to a victim’s desire to

discuss his or her case with the installation commander tasked by the Military Service with

oversight responsibility for the SAPR program in accordance with Reference (c).

m. Establish standards for command assessment of organizational SAPR climate, including

periodic follow-up assessments. In accordance with section 572 of Reference (n), these

standards will require that commanders conduct such climate assessments within 120 days of

assuming command and annually thereafter.

n. As a shared responsibility with ASD(HA), direct installation commanders to maintain an

adequate supply of SAFE Kits in all locations where SAFEs are conducted, including deployed

locations. Direct that Military Service SAPR personnel, to include medical personnel, are

appropriately trained on protocols for the use of the SAFE Kit and comply with prescribed chain

of custody procedures described in their Military Service-specific MCIO procedures.

o. Establish procedures that require, upon seeking assistance from a SARC, SAPR VA,

MCIO, the Victim Witness Assistance Program (VWAP), or trial counsel, that each Service

member who reports that he or she has been a victim of a sexual assault be informed of and

given the opportunity to:

(1) Consult with SVC/VLC, legal assistance counsel, and in cases where the victim may

have been involved in collateral misconduct (see Glossary), to consult with defense counsel.

(a) When the alleged perpetrator is the commander or in the victim’s chain of

command, such victims shall be informed of the opportunity to go outside the chain of command

to report the offense to other commanding officers or an Inspector General. Victims shall be

informed that they can also seek assistance from the DoD Safe Helpline (see Glossary).

(b) The victim shall be informed that legal services are optional and may be declined,

in whole or in part, at any time.

investigation and prosecution be provided to victims in accordance with VWAP procedures in

DoDI 1030.2 (Reference (al)).

(2) Have a SARC or SAPR VA present when law enforcement or trial counsel

interviews the victim.

(3) Have a SARC or SAPR VA, counsel for the government, or SVC or VLC present,

when defense counsel interviews the victim, in accordance with Article 46 of the UCMJ (section

846 of Reference (d)).

p. Establish procedures to ensure that, in the case of a general or special court-martial the

trial counsel causes each qualifying victim to be notified of the opportunity to receive a copy of

the record of trial (not to include sealed materials, unless approved by the presiding military

judge or appellate court, classified information, or other portions of the record the release of

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which would unlawfully violate the privacy interests of any party, and without a requirement to

include matters attached to the record under Rule for Courts-Martial (R.C.M.) 1103(b)(3) in

Reference (u). A qualifying alleged victim is an individual named in a specification alleging an

offense under Articles 120, 120b, 120c, or 125 of the UCMJ (sections 920, 920b, 920c, or 925 of

Reference (d)), or any attempt to commit such offense in violation of Article 80 of the UCMJ

(section 880 of Reference (d)), if the court-martial resulted in any finding to that specification. If

the alleged victim elects to receive a copy of the record of proceedings, it shall be provided

without charge and within a timeframe designated by regulations of the Military Department

concerned. The victim shall be notified of the opportunity to receive the record of the

proceedings in accordance with R.C.M. 1103(g)(3)(C) in Reference (u).

q. Require that a completed DD Form 2701, “Initial Information for Victims and Witnesses

of Crime,” be distributed to the victim as required by paragraph 6.1 of Reference (al). (DD

Form 2701 is located at the DoD Forms Management Program website at

http://www.dtic.mil/whs/directives/infomgt/forms/index.htm and in Reference (ac)).

r. Establish procedures to protect Service member victims of sexual assault and/or their

dependents from retaliation, ostracism, maltreatment, and reprisal in accordance with section

1709 of Reference (o), DoDD 7050.06 (Reference (am)) and Service regulations. Require the

SARC or SAPR VA to inform victims of the resources, listed in Enclosure 4 of this Instruction,

to report instances of retaliation, reprisal, ostracism, or maltreatment to request a transfer or

military protective order (MPO).

s. Require SARCs and SAPR VAs to advise victims who reported a sexual assault or sought

mental health treatment for sexual assault of the opportunity to communicate with a G/FO

regarding issues related to their military career that the victim believes are associated with the

sexual assault.

t. Establish procedures to require commanders to protect the SARC and SAPR VA from

retaliation, reprisal, ostracism, or maltreatment related to the execution of their duties and

responsibilities.

u. Establish procedures to require commanders to protect witnesses and bystanders who

intervene to prevent sexual assaults or who report sexual assaults, from retaliation, reprisal,

ostracism, or maltreatment in accordance with section 1709 of Reference (o).

v. Require specialized training for all supervisors (officer, enlisted, civilian) down to the most

junior supervisor that explains:

(1) That ALL supervisors in the victim’s chain of command, officer and enlisted, are

required when they become aware of allegations of retaliation, reprisal, ostracism, or

maltreatment, to take appropriate measures to protect the victim from retaliation, reprisal,

coercion, ostracism, and maltreatment in Unrestricted Reports.

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(2) What constitutes retaliation, reprisal, ostracism, and maltreatment in accordance with

Service regulations and Military Whistleblower Protections and procedures for reporting

allegations of reprisal in accordance with Reference (am).

(3) The resources available for victims (listed in Enclosure 4 of this Instruction) to report

instances of retaliation, reprisal, ostracism, maltreatment, or sexual harassment or to request a

transfer or MPO.

(4) That victims who reported a sexual assault or sought mental health treatment for

sexual assault, have the opportunity to communicate with the G/FO regarding issues related to

their military career that the victim believes are associated with the sexual assault.

w. Establish Military Service-specific guidance to ensure collateral misconduct is addressed

in a manner that is consistent and appropriate to the circumstances, and at a time that encourages

continued victim cooperation.

x. Establish Expedited Transfer procedures for victims of sexual assault in accordance with

paragraph 4.n. above the signature of this Instruction and Enclosure 5 of this Instruction.

y. Appoint a representative to the SAPR integrated product team (IPT) in accordance with

Enclosure 3 of this Instruction, and provide chairs or co-chairs for working groups, when

requested. Appoint a representative to SAPRO oversight teams upon request.

z. Provide quarterly and annual reports of sexual assault involving Service members to

Director, SAPRO, to be consolidated into the annual Secretary of Defense report to Congress in

accordance with Reference (c) and section 1631(d) of Reference (k). (See Enclosure 12 of this

Instruction for reporting requirements.)

aa. Support victim participation in semi-annual Survivor Meetings with the Director of

SAPRO.

ab. Support victim participation in the Survivor Experience Survey referred to in Enclosure

12 of this Instruction, conducted by DMDC.

ac. Provide budget program and obligation data, as requested by the DoD SAPRO.

ad. Require that reports of sexual assault be entered into DSAID through MCIO case

management systems or by direct data entry by SARCs and legal officers. Establish procedures

to regularly review and assure the quality of data entered into DSAID.

(1) Data systems that interface with DSAID shall be modified and maintained to

accurately provide information to DSAID.

(2) Only SARCs who are credentialed (and maintain that credential) through D-SAACP

and legal officers appointed by their Military Service shall be permitted access to enter sexual

assault reports and case outcome data into DSAID.

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ae. Provide Director, SAPRO, a written description of any sexual assault related research

projects contemporaneous with commencing the actual research. When requested, provide

periodic updates on results and insights. Upon conclusion of such research, a summary of the

findings will be provided to DoD SAPRO as soon as practicable.

af. Establish procedures for supporting the DoD Safe Helpline in accordance with the

USD(P&R) Memorandum (Reference (an)), which provides guidance for the referral database,

providing a timely response to victim feedback, and publicizing the DoD Safe Helpline to

SARCs, SAPR VAs, Service members, and to persons at military correctional facilities.

(1) Utilize the DoD Safe Helpline as the sole DoD hotline to provide crisis intervention,

facilitate victim reporting through connection to the nearest SARC, and other resources as

warranted.

(2) The DoD Safe Helpline does not replace local base and installation SARC or SAPR

VA contact information.

ag. Establish procedures to implement SAPR training in accordance with Enclosure 10 of

this Instruction, to include explaining the eligibility for SVC or VLC for individuals making

Restricted and Unrestricted Reports of sexual assault, and the types of legal assistance authorized

to be provided to the sexual assault victim in accordance with section 1565b and 1004e of

Reference (d). Explain that the nature of the relationship between a SVC or VLC and a victim in

the provision of legal advice and assistance will be the relationship between an attorney and

client, in accordance with section 1044e of Reference (d). Training should be provided by subject

matter experts on the topics outlined in Enclosure 10.

ah. Require that reports of sexual assaults are provided to the Commanders of the Combatant

Commands for their respective area of responsibility on a quarterly basis, or as requested.

ai. For CMGs:

(1) Require the installation commander or the deputy installation commander chair the

multi-disciplinary CMG (see Enclosure 9 of this Instruction) on a monthly basis to review

individual cases of Unrestricted Reporting of sexual assault, facilitate monthly victim updates,

direct system coordination, accountability, and victim access to quality services. This

responsibility will not be delegated.

(2) Require that the installation SARC (in the case of multiple SARCs on an installation,

then the Lead SARC) serve as the co-chair of the CMG. This responsibility will not be

delegated.

(3) If the installation is a joint base or if the installation has tenant commands, the

commander of the tenant organization and their designated Lead SARC shall be invited to the

CMG meetings when a Service member in his or her unit or area of responsibility is the victim of

a sexual assault. The commander of the tenant organization shall provide appropriate

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information to the host commander, to enable the host commander to provide the necessary

supporting services.

(4) The Secretaries of the Military Departments shall issue guidance to ensure that

equivalent standards are met for case oversight by CMGs in situations where SARCs are not

installation-based but instead work within operational and/or deployable organizations.

aj. Establish document retention procedures for Unrestricted and Restricted Reports of

sexual assault in accordance with the Policy section in paragraph 4.t. above the signature of this

Instruction.

ak. When drafting MOUs or MOAs with local civilian medical facilities to provide DoD-

reimbursable healthcare (to include psychological care) and forensic examinations for Service

members and TRICARE eligible sexual assault victims, require commanders to include the

following provisions:

(1) Notify the SARC or SAPR VA.

(2) Local private or public sector providers shall have processes and procedures in place

to assess that local community standards meet or exceed those set forth in Reference (aj) as a

condition of the MOUs or MOAs.

al. Comply with collective bargaining obligations, if applicable.

am. Provide SAPR training and education for civilian employees of the military departments

in accordance with section 585 of Reference (m).

an. In accordance with section 572 of Reference (n), establish a record on the disposition of

any Unrestricted Report of rape, sexual assault, forcible sodomy, or an attempt to commit these

offenses involving a member of the Military Services, whether such disposition is court-martial,

nonjudicial punishment, or other administrative action.

(1) The record of the disposition of an Unrestricted Report of sexual assault will, as

appropriate, include information regarding:

(a) Documentary information (i.e., MCIO adult sexual assault investigative reports)

collected about the incident, other than investigator case notes.

(b) Punishment imposed, if any, including the sentencing by judicial or nonjudicial

means, including incarceration, fines, restriction, and extra duty as a result of a military court-

martial, federal or local court, and other sentencing, or any other punishment imposed.

investigation.

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(d) Any pertinent referrals made for the subject of the investigation, offered as a

result of the incident, such as drug and alcohol counseling and other types of counseling or

intervention.

(2) The disposition records will be retained for a period of not less than 20 years.

(a) Documentary information (i.e., MCIO adult sexual assault investigative reports)

will be retained in accordance with Reference (ac).

(b) Punishment imposed by nonjudicial or judicial means, adverse administrative

actions, any pertinent referrals made for the subject of the investigation, and information from

the records that satisfies the reporting requirements established in section 1631 of Reference (l)

will be incorporated into DSAID.

ao. In accordance with DoD Directive 1350.2 (Reference (ao)), require that the commander

of each military command and other units specified by the Secretary of Defense for purposes of

the policy will conduct, within 120 days after the commander assumes command and at least

annually thereafter while retaining command, a climate assessment of the command or unit for

purposes of preventing and responding to sexual assaults.

(1) The climate assessment will include an opportunity for Service members to express

their opinions regarding the manner and extent to which their leaders, including commanders,

respond to allegations of sexual assault and complaints of sexual harassment and the

effectiveness of such response.

(2) The compliance of commanding officers in conducting organizational climate

assessments in accordance with section 572 of Reference (n), as most recently amended by

section 1721 of Reference (p) must be verified and tracked.

ap. Establish and publicize policies and procedures for reporting a sexual assault that will

clearly explain both reporting options and who can receive Restricted Reports. Mandate the

posting and wide dissemination of information about resources available to report and respond to

sexual assaults, including the establishment of hotline phone numbers and Internet websites

available to all members of the Military Services.

aq. Mandate a general education campaign to notify members of the Military Services of the

authorities available in accordance with chapter 79 of Reference (d), for the correction of

military records when a member experiences any retaliatory personnel action for making a report

of sexual assault or sexual harassment.

ar. Require the SARCs and SAPR VAs to collaborate with designated Special Victim

Investigation and Prosecution (SVIP) Capability personnel during all stages of the investigative

and military justice process in accordance with Reference (ak), to ensure an integrated capability,

to the greatest extent possible, in accordance with DTM 14-003 (Reference (ap)).

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as. Require that, if a complaint of a sex-related offense is made against a Service member

and he or she is convicted by court-martial or receives non-judicial punishment or punitive

administrative action for that offense, a notation to that effect will be placed in the Service

member’s personnel service record, regardless of his or her grade.

(1) A notation may NOT be placed in the restricted section of the Service member’s

personnel service record.

(2) “Sex-related offenses” include a violation of Articles 120, 120a, 120b, 120c, or 125

of the UCMJ (sections 920, 920a, 920b, 920c, or 925 of Reference (d)) or an attempt to commit

these offenses punishable under Article 80 of the UCMJ (section 880 of Reference (d)).

(3) The commanding officer of a facility, installation, or unit to which a Service member

is permanently assigned or transferred will review the history of sex-related offenses as

documented in the Service member’s personnel service record. The purpose of this review is for

commanders to familiarize themselves with such history of the Service member.

(4) The notation and review requirement should not limit or prohibit a Service member’s

capacity to challenge or appeal the placement of a notation, or location of placement of a

notation, in his or her personnel service record in accordance with otherwise applicable service

procedures.

at. In accordance with the requirements of section 1743 of Reference (o), require the

designated commander to submit a written incident report no later than 8 days after whichever

happens first:

(1) An Unrestricted Report of sexual assault has been made to a SARC or SAPR VA

through a DD Form 2910; or

(2) An independent investigation has been initiated by an MCIO.

au. Require timely access to a SARC or SAPR VA by any member of the Reserve

Component in accordance with Applicability section 2 above the signature of this Instruction.

av. Require that the Military Service Academies (MSA) include in their curricula substantive

course work that addresses honor, respect, character development, leadership, and accountability,

as they pertain to the issue of preventing sexual assault in the Military Services and providing the

appropriate response to sexual assault when it occurs.

(1) In addition to the substantive coursework in academy curricula, training will be

provided within 14 days after the initial arrival of a new cadet or midshipman at the MSAs and

repeated annually thereafter. Training will be conducted in the manner described in Enclosure

10 of this Instruction, using adult learning methods.

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(2) Such training will include, at a minimum, a brief history of the problem of sexual

assault in the Military Services, a definition of sexual assault, information relating to reporting a

sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders.

aw. Ensure that the provisions of title 17 of Reference (o) apply to the MSAs as required by

section 552 of Reference (p).

ax. Provide notice to a Service member, whenever he or she is required to complete Standard

Form (SF) 86, “Questionnaire for National Security Positions,” in connection with an

application, investigation, or reinvestigation for a security clearance, that it is DoD policy to

answer “no” to question 21 of SF 86 with respect to consultation with a health care

professional if:

(1) The individual is a victim of a sexual assault; and

(2) The consultation occurred with respect to an emotional or mental health condition

strictly in relation to the sexual assault.

ay. Require the installation SARC and the installation FAP staff to coordinate when a sexual

assault occurs as a result of domestic abuse, domestic violence, or involves child abuse, to ensure

the victim is directed to FAP.

az. Require commanders to direct SARCs to provide information on incidents of sexual

assault for inclusion in the Commander’s Critical Information Requirements (CCIR) report.

CCIR reportable incidents are those meeting criteria as determined by the Secretary of Defense.

ba. Establish procedures to implement minimum standards for the qualifications necessary to

be selected, trained, and certified for assignment as a SAPR Program Manager in accordance

with USD(P&R) Memorandum (Reference (aq)).

bb. Establish a confidential process, utilizing boards for the correction of military records of

the Military Departments by which a sexual assault victim during service in the Military may

challenge the terms or the characterization of the discharge or separation on the grounds that the

terms or characterization were adversely affected by being a sexual assault victim in accordance

with section 547 of Reference (p).

7. CHIEF, NATIONAL GUARD BUREAU (NGB). On behalf of and with the approval of the

Secretaries of the Army and Air Force, and in coordination with DoD SAPRO and the State

Adjutants General, the Chief, NGB, establishes and implements SAPR policy and procedures for

eligible NG members, including the requirement for timely access to a SARC or SAPR VA by

any NG member as required by section 584(a) of Reference (m), as amended by section 1724 of

Reference (o).

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8. CHAIRMAN OF THE JOINT CHIEFS OF STAFF. The Chairman of the Joint Chiefs of

Staff shall monitor implementation of this Instruction and Reference (c).

9. COMMANDERS OF THE COMBATANT COMMANDS. The Commanders of the

Combatant Commands, through the Chairman of the Joint Chiefs of Staff and in coordination

with the other Heads of the DoD Components, shall:

a. Require that a SAPR capability provided by the Executive Agent (see Glossary) is

incorporated into operational planning guidance in accordance with Reference (c) and this

Instruction.

b. Require the establishment of an MOU, MOA, or equivalent support agreement with the

Executive Agent in accordance with Reference (c) and this Instruction and requires at a

minimum:

(1) Coordinated efforts and resources, regardless of the location of the sexual assault, to

direct optimal and safe administration of Unrestricted and Restricted Reporting options with

appropriate protection, medical care, counseling, and advocacy.

(a) Ensure a 24 hours per day, 7 days per week response capability. Require first

responders to respond in a timely manner.

(b) Response times shall be based on local conditions; however, sexual assault

victims shall be treated as emergency cases.

(2) Notice to the SARC of every incident of sexual assault on the military installation, so

that a SARC or SAPR VA can respond and offer the victim SAPR services. In situations where

a sexual assault victim receives medical care and a SAFE outside of a military installation

through a MOU or MOA with a local private or public sector entities, as part of the MOU or

MOA, the SARC or SAPR VA shall be notified and shall respond.

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ENCLOSURE 3

OVERSIGHT OF THE SAPR PROGRAM

1. DIRECTOR, SAPRO. The Director, SAPRO, under the authority, direction and control of

the USD(P&R) through the Director, DoDHRA, shall serve as the single point of authority,

accountability, and oversight for the DoD SAPR program. DoD SAPRO provides

recommendations to the USD(P&R) on the issue of DoD sexual assault policy matters on

prevention, response, oversight, standards, training, and program requirements. The Director,

SAPRO, shall:

a. Assist the USD(P&R) in developing, administering, and monitoring the effectiveness of

DoD SAPR policies and programs. Implement and monitor compliance with DoD sexual assault

policy on prevention and response.

b. With the USD(P&R), update the Deputy Secretary of Defense on SAPR policies and

programs on a semi-annual schedule.

c. Develop DoD programs to direct SAPR education, training, and awareness for DoD

personnel consistent with this Instruction and Reference (c).

d. Coordinate the management of DoD SAPR Program and oversee the implementation in

the Service SAPR Programs.

e. Provide technical assistance to the Heads of the DoD Components in addressing matters

concerning SAPR and facilitate the identification and resolution of issues and concerns common

to the Military Services and joint commands.

f. Develop strategic program guidance, joint planning objectives, standard terminology, and

identify legislative changes needed to advance the SAPR program.

g. Develop oversight metrics to measure compliance and effectiveness of SAPR training,

sexual assault awareness, prevention, and response policies, and programs. Collect and maintain

data in accordance with these metrics, analyze data, and make recommendations regarding SAPR

policies and programs to the USD(P&R) and the Secretaries of the Military Departments.

h. Establish reporting categories and monitor specific goals included in the annual SAPR

assessments of each Military Service and its respective MSA, as required by Reference (c) and in

accordance with Enclosure 12 of this Instruction.

i. Acquire quarterly, annual, and installation-based SAPR data from the Military Services

and assemble annual congressional reports involving persons covered by this Instruction and

Reference (c). Consult with and rely on the Secretaries of the Military Departments in questions

concerning disposition results of sexual assault cases in their respective Military Departments.

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j. Prepare the annual FY reports submitted by the Secretary of Defense to the Congress on

the sexual assaults involving Service members and a report on the members of the MSAs to

Congress submitted by the Secretary of Defense.

k. Publicize SAPR outreach, awareness, prevention, response, and oversight initiatives and

programs.

l. Oversee implementation, use, maintenance, and function of the DSAID to meet

congressional reporting requirements, support Military Service SAPR program management, and

conduct DoD SAPRO oversight activities.

m. Maintain, oversee, and publicize the DoD Safe Helpline and facilitate victim reporting

through its connection to the nearest SARC, and other resources as warranted.

n. Maintain and oversee the D-SAACP to ensure all sexual assault victims are offered the

assistance of a credentialed SARC or SAPR VA.

o. Annually review the Military Services’ resourcing and funding of the Defense Forensic

Science Center (DFSC) in the area of sexual assault.

(1) Assist the Department of the Army in identifying the funding and resources needed

to operate DFSC, to facilitate forensic evidence being processed within 60 working days from

day of receipt.

(2) Encourage the Military Services that use DFSC to contribute to the operation of

DFSC by ensuring that DFSC is funded and resourced appropriately to complete forensic

evidence processing within 60 working days.

p. Act as the DoD liaison between the DoD and other federal and State agencies on

programs and efforts relating to sexual assault prevention and response.

q. Oversee development of strategic program guidance and joint planning objectives for

resources in support of the sexual assault prevention and response program, and make

recommendations on modifications to policy, law, and regulations needed to ensure the

continuing availability of such resources.

r. Quarterly include MSAs as a SAPR IPT standard agenda item, and semi-annually meet

with the academy superintendents to facilitate oversight of the implementation of SAPR

programs.

s. Develop and administer standardized and voluntary surveys for victims of sexual assault

on their experiences with SAPR victim assistance, the military health system, the military justice

process, and other areas of support. The surveys will be regularly offered to victims and

administered in a way that protects victim privacy and does not adversely impact the victim’s

legal, career, and health status.

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t. Chair the SAPR IPT.

u. Participate in the DoD Victim Assistance Leadership Council in accordance with DoDI

6400.07 (Reference (ar)).

v. Maintain the SAPRO awards program recognizing SARCS and/or SAPR VAs or SAPR

programs within the Military Departments, and with consent of the Secretary of the Department

of Homeland Security, the SARCS and/or SAPR VAs of the Department of Homeland Security.

2. SAPR IPT

a. Membership. The SAPR IPT shall include:

(1) Director, SAPRO. The Director shall serve as the chair.

(2) Deputy Assistant Secretaries for Manpower and Reserve Affairs of the Department

of the Army

(3) Director, Air Force Sexual Assault Prevention and Response Program.

(4) A senior representative of the Department of the Navy SAPRO.

(5) A G/FO or DoD SES civilian from: the Joint Staff, Manpower and Personnel (J-1);

the Office of the Assistant Secretary of Defense for Reserve Affairs; the NGB; the Office of the

General Counsel, DoD; and the Office of the Assistant Secretary of Defense for Health Affairs.

Other DoD Components’ representatives shall be invited to specific SAPR IPT meetings when

their expertise is needed to inform and resolve issues being addressed. A senior representative

from the Coast Guard shall be an invited guest.

(6) Consistent with Section 8(c) of Reference (z), also known as “The Inspector General

Act of 1978,” the IG DoD shall be authorized to send one or more observers to attend all SAPR

IPT meetings in order to monitor and evaluate program performance.

b. Duties. The SAPR IPT shall:

(1) Through the chair, advise the USD(P&R) and the Secretary of Defense on SAPR IPT

meeting recommendations on policies for sexual assault issues involving persons covered by this

Instruction.

(2) Serve as the implementation and oversight arm of the DoD SAPR Program.

Coordinate policy and review the DoD’s SAPR policies and programs consistent with this

Instruction and Reference (c), as necessary. Monitor the progress of program elements, to

include DoD SAPR Strategic Plan tasks, DoD Sexual Assault Prevention Strategy tasks, and

NDAA implementation for adult sexual assault related issues.

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(3) Meet every other month. Ad hoc meetings may be scheduled as necessary at the

discretion of the chair. Members are selected and meetings scheduled according to the SAPR

IPT Charter.

(4) Discuss and analyze broad SAPR issues that may generate targeted topics for

Working Groups. Working Groups shall focus on one select issue, be governed by a charter with

enumerated goals for which the details will be laid out in individual work plans (see Glossary),

and be subject to a definitive timeline for the accomplishment of the stated goals. Issues that

cannot be resolved by the SAPR IPT or that require higher level decision making shall be sent to

the USD(P&R) for resolution.

c. Chair Duties. The chair shall:

(1) Advise the USD(P&R) and the Secretary of Defense on SAPR IPT recommendations

on policies for sexual assault issues involving persons covered by this Instruction.

(2) Represent the USD(P&R) in SAPR matters consistent with this Instruction and

Reference (c).

(3) Oversee discussions in the SAPR IPT that generate topics for Working Groups.

Provide final approval for topics, charters, and timelines for Working Groups.

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ENCLOSURE 4

REPORTING OPTIONS AND SEXUAL ASSAULT REPORTING PROCEDURES

1. REPORTING OPTIONS. Service members and military dependents 18 years and older who

have been sexually assaulted have two reporting options: Unrestricted or Restricted Reporting.

Unrestricted Reporting of sexual assault is favored by the DoD. However, Unrestricted

Reporting may represent a barrier for victims to access services, when the victim desires no

command or DoD law enforcement involvement. Consequently, the DoD recognizes a

fundamental need to provide a confidential disclosure vehicle via the Restricted Reporting

option. Regardless of whether the victim elects Restricted or Unrestricted Reporting,

confidentiality of medical information shall be maintained in accordance with DoD 6025.18-R

(Reference (as)). DoD civilian employees and their family dependents and DoD contractors are

only eligible for Unrestricted Reporting and for limited emergency care medical services at an

MTF, unless that individual is otherwise eligible as a Service member or TRICARE beneficiary

of the military health system to receive treatment in an MTF at no cost to them in accordance

with Reference (c).

a. Unrestricted Reporting. This reporting option triggers an investigation, command

notification, and allows a person who has been sexually assaulted to access healthcare treatment

and the assignment of a SARC and a SAPR VA. When a sexual assault is reported through

Unrestricted Reporting, a SARC shall be notified, respond or direct a SAPR VA to respond, offer

the victim healthcare treatment and a SAFE, and inform the victim of available resources. The

SARC or SAPR VA will explain the contents of the DD Form 2910 and request that the victim

elect a reporting option on the form. If the victim elects the Unrestricted Reporting option, a

victim may not change from an Unrestricted to a Restricted Report. If the Unrestricted option is

elected, the completed DD Form 2701, which sets out victims’ rights and points of contact, shall

be distributed to the victim in Unrestricted Reporting cases by DoD law enforcement agents. If a

victim elects this reporting option, a victim may not change from an Unrestricted to a Restricted

Report.

b. Restricted Reporting. This reporting option does NOT trigger an investigation. The

command is notified that “an alleged sexual assault” occurred, but is not given the victim’s name

or other personally identifying information. Restricted Reporting allows Service members and

military dependents who are adult sexual assault victims to confidentially disclose the assault to

specified individuals (SARC, SAPR VA, or healthcare personnel) and receive healthcare

treatment and the assignment of a SARC and SAPR VA. A sexual assault victim can report

directly to a SARC, who will respond or direct a SAPR VA to respond, offer the victim

healthcare treatment and a SAFE, and explain to the victim the resources available through the

DD Form 2910, where the reporting option is elected. The Restricted Reporting option is only

available to Service members and adult military dependents. Restricted Reporting may not be

available in a jurisdiction that requires mandatory reporting if a victim first reports to a civilian

facility or civilian authority, which will vary by State, territory, and overseas agreements (see

paragraph 1.f. of this enclosure). However, Section 536 of the NDAA for FY 2016 preempts

mandatory reporting laws, provided the victim first reports to a MTF, in jurisdiction requiring

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mandatory reporting thereby preserving the Restricted Reporting option. If a victim elects this

reporting option, a victim may convert a Restricted Report to an Unrestricted Report at any time.

The conversion to an Unrestricted Report will be documented with a signature by the victim and

the signature of the SARC or SAPR VA in the appropriate block on the DD Form 2910.

(1) Only the SARC, SAPR VA, and healthcare personnel are designated as authorized to

accept a Restricted Report. Healthcare personnel, to include psychotherapists and other

personnel listed in Military Rule of Evidence (MRE) 513 of Reference (w), who received a

Restricted Report (meaning that a victim wishes to file a DD Form 2910 or have a SAFE) shall

contact a SARC or SAPR VA in accordance with requirements in Enclosure 7 of this Instruction,

to assure that a victim is offered SAPR services and so that a DD Form 2910 can be completed

and retained.

(2) A SAFE and the information contained in its accompanying Kit are provided the

same confidentiality as is afforded victim statements under the Restricted Reporting option. See

Enclosure 8 of this Instruction.

(3) In the course of otherwise privileged communications with a chaplain, SVC/VLC, or

legal assistance attorney, a victim may indicate that he or she wishes to file a Restricted Report.

If this occurs, a chaplain, SVC/VLC, and legal assistance attorney shall, with the victim’s

consent, facilitate contact with a SARC or SAPR VA to ensure that a victim is offered SAPR

services and so that a DD Form 2910 can be completed. A chaplain, SVC/VLC, or legal

assistance attorney cannot accept a Restricted Report.

(4) A victim has a privilege to refuse to disclose and to prevent any other person from

disclosing a confidential communication between a victim and a SARC and SAPR VA, in a case

arising under the UCMJ, if such communication is made for the purpose of facilitating advice or

supportive assistance to the victim in accordance with MRE 514 of Reference (w).

(5) A sexual assault victim certified under the personnel reliability program (PRP) is eligible for both the Restricted and Unrestricted Reporting options. If electing Restricted

Reporting, the victim is required to advise the competent medical authority of any factors that

could have an adverse impact on the victim’s performance, reliability, or safety while performing

PRP duties. If necessary, the competent medical authority will inform the certifying official that

the person in question should be suspended or temporarily decertified from PRP status, as

appropriate, without revealing that the person is a victim of sexual assault, thus preserving the

Restricted Report.

c. Non-Participating Victim (see Glossary). For victims choosing either Restricted or

Unrestricted Reporting, the following guidelines apply:

(1) Details regarding the incident will be limited to only those personnel who have an

official need to know. The victim’s decision to decline to participate in an investigation or

prosecution should be honored by all personnel charged with the investigation and prosecution of

sexual assault cases, including, but not limited to, commanders, DoD law enforcement officials,

and personnel in the victim’s chain of command. If at any time the victim who originally chose

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the Unrestricted Reporting option declines to participate in an investigation or prosecution, that

decision should be honored in accordance with this subparagraph. However, the victim cannot

change from an Unrestricted to a Restricted Report. The victim should be informed by the

SARC or SAPR VA that the investigation may continue regardless of whether the victim

participates.

(2) The victim’s decision not to participate in an investigation or prosecution will not

affect access to SARC and SAPR VA services, medical and psychological care, or services from

an SVC or VLC. These services shall be made available to all eligible sexual assault victims.

(3) If a victim approaches a SARC, SAPR VA, or healthcare provider and begins to

make a report, but then changes his or her mind and leaves without signing the DD Form 2910

(the form where the reporting option is selected), the SARC, SAPR VA, or healthcare provider is

not under any obligation or duty to inform investigators or commanders about this report and

will not produce the report or disclose the communications surrounding the report. If

commanders or law enforcement ask about the report, disclosures can only be made in

accordance with exceptions to the MRE 514 or MRE 513 privilege, as applicable.

d. Disclosure of Confidential Communications. In cases where a victim elects Restricted

Reporting, the SARC, SAPR VA, and healthcare personnel may not disclose confidential

communications or the SAFE and the accompanying Kit to DoD law enforcement or command

authorities, either within or outside the DoD, except as provided in this Instruction. In certain

situations, information about a sexual assault may come to the commander’s or DoD law

enforcement official’s (to include MCIO’s) attention from a source independent of the Restricted

Reporting avenues and an independent investigation is initiated. In these cases, SARCs, SAPR

VAs, and healthcare personnel are prevented from disclosing confidential communications under

Restricted Reporting, unless an exception applies. An independent investigation does not, in

itself, convert the Restricted Report to an Unrestricted Report. Improper disclosure of

confidential communications or improper release of medical information are prohibited and may

result in disciplinary action pursuant to the UCMJ or other adverse personnel or administrative

actions.

e. Victim Confiding in Another Person. In establishing the Restricted Reporting option,

DoD recognizes that a victim may tell someone (e.g., roommate, friend, family member) that a

sexual assault has occurred before considering whether to file a Restricted or Unrestricted

Report.

(1) A victim’s communication with another person (e.g., roommate, friend, family

member) does not, in and of itself, prevent the victim from later electing to make a Restricted

Report. Restricted Reporting is confidential, not anonymous, reporting. However, if the person

to whom the victim confided the information (e.g., roommate, friend, family member) is in the

victim’s officer or non-commissioned officer chain of command or DoD law enforcement, there

can be no Restricted Report.

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(2) Communications between the victim and a person other than the SARC, SAPR VA,

healthcare personnel, assigned SVC/VLC, legal assistance officer, or chaplain are NOT

confidential and do not receive the protections of Restricted Reporting.

f. Independent Investigations. Independent investigations are not initiated by the victim. If

information about a sexual assault comes to a commander’s attention from a source other than a

victim (victim may have elected Restricted Reporting or where no report has been made by the

victim), that commander shall immediately report the matter to an MCIO and an official

(independent) investigation may be initiated based on that independently acquired information.

(1) If there is an ongoing independent investigation, the sexual assault victim will no

longer have the option of Restricted Reporting when:

(a) DoD law enforcement informs the SARC of the investigation, and

(b) The victim has not already elected Restricted Reporting.

(2) The timing of filing a Restricted Report is crucial. In order to take advantage of the

Restricted Reporting option, the victim must file a Restricted Report by signing a DD Form 2910

BEFORE the SARC is informed of an ongoing independent investigation of the sexual assault.

(a) If a SARC is notified of an ongoing independent investigation and the victim has

not signed a DD Form 2910 electing Restricted Report, the SARC must inform the victim that

the option to file a Restricted Report is no longer available. However, all communications

between the victim and the victim advocate will remain privileged except for the minimum

necessary to make the Unrestricted Report.

(b) If an independent investigation begins AFTER the victim has formally elected

Restricted Reporting (by signing the DD Form 2910), the independent investigation has NO

impact on the victim’s Restricted Report and the victim’s communications and SAFE Kit remain

confidential, to the extent authorized by law and DoD regulations.

g. Mandatory Reporting Laws and Cases Investigated by Civilian Law Enforcement. Health

care may be provided and SAFE Kits may be performed in a civilian healthcare facility bound by

State and local laws that require certain personnel (usually health care personnel) to report the

sexual assault to civilian agencies or law enforcement. In some cases, civilian law enforcement

may take investigative responsibility for the sexual assault case, or the civilian jurisdiction may

inform the military law enforcement or investigative community of a sexual assault that was

reported to it. In such instances, it may not be possible for a victim to make a Restricted Report

or it may not be possible to maintain the report as a Restricted Report. Consistent with the

NDAA for FY 2016, to the extent possible, DoD will honor the Restricted Report; however,

sexual assault victims need to be aware that the confidentiality afforded their Restricted Report

is not guaranteed due to circumstances surrounding the independent investigation and

requirements of individual State laws for civilian healthcare facilities.

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2. INITIATING MEDICAL CARE AND TREATMENT UPON RECEIPT OF REPORT.

Healthcare personnel will initiate the emergency care and treatment of sexual assault victims,

notify the SARC or the SAPR VA in accordance with Enclosure 7 of this Instruction, and make

appropriate medical referrals for specialty care, if indicated. Upon receipt of a Restricted Report,

only the SARC or the SAPR VA will be notified. There will be NO report to DoD law

enforcement, a supervisory official, or the victim’s chain of command by the healthcare

personnel, unless an exception to Restricted Reporting applies or applicable law requires other

officials to be notified. Regardless of whether the victim elects Restricted or Unrestricted

Reporting, confidentiality of medical information will be maintained in accordance with

applicable laws and regulations.

3. IMPLEMENTING DoD DUAL OBJECTIVES. The DoD is committed to ensuring victims

of sexual assault are protected; treated with dignity and respect; and provided support, advocacy,

and care. The DoD supports effective command awareness and prevention programs. The DoD

also strongly supports applicable DoD law enforcement and criminal justice procedures that

enable persons to be held appropriately accountable for sexual assault offenses and criminal

dispositions. To achieve the dual objectives of victim support and offender accountability, DoD

preference is for Unrestricted Reporting of sexual assaults to allow for the provision of victims’

services and to pursue offender accountability, as appropriate. However, Unrestricted Reporting

may represent a barrier for victims to access services, when the victim desires no command or

DoD law enforcement involvement. Consequently, the DoD recognizes a fundamental need to

provide a confidential disclosure vehicle via the Restricted Reporting option. This section

provides procedural guidance and considerations to implement the DoD dual objectives.

a. Restricted Reporting Impact. Restricted Reporting will impact investigations and the

ability of the offender’s commander to hold the alleged offender appropriately accountable.

However, such risks shall not outweigh the overall interest in providing a Restricted Reporting

option to sexual assault victims.

b. Victim’s Perception of the Military Justice System. The DoD seeks increased reporting

by victims of sexual assault. A system that is perceived as fair and treats victims with dignity

and respect, and promotes privacy and confidentiality may have a positive impact in bringing

victims forward to provide information about being assaulted. The Restricted Reporting option

is intended to give victims additional time and increased control over the release and

management of their personal information and empowers them to seek relevant information and

support to make more informed decisions about participating in the criminal investigation. A

victim who receives support, appropriate care and treatment, and is provided an opportunity to

make an informed decision about a criminal investigation is more likely to develop increased

trust that the victim’s needs are of concern to the command. As a result, this trust may

eventually lead the victim to decide to pursue an investigation and convert the Restricted Report

to an Unrestricted Report.

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4. REPORTS AND COMMANDERS

a. Unrestricted Reports to Commanders. The SARC shall provide the installation

commander and the immediate commander of the sexual assault victim (if a civilian victim, then

the immediate commander of alleged military offender) with information regarding all

Unrestricted Reports within 24 hours of an Unrestricted Report of sexual assault. This

notification may be extended by the commander to 48 hours after the Unrestricted Report of the

incident when there are extenuating circumstances in deployed environments. SARC and SAPR

VA communications with victims are protected under the MRE 514 privilege. For Unrestricted

Reports, the 8-day incident report will be filed in accordance with section 1743 of Reference (o).

b. Restricted Reports to Commanders. For the purposes of public safety and command

responsibility, in the event of a Restricted Report, the SARC shall report non-PII concerning

sexual assault incidents (without information that could reasonably lead to personal identification

of the victim or the alleged assailant (see exception of subparagraph 5.b.(2) of this enclosure))

only to the installation commander within 24 hours of the report. This notification may be

extended by the commander to 48 hours after the Restricted Report of the incident when there

are extenuating circumstances in deployed environments. To ensure oversight of victim services

for Restricted Report cases, the SARC will also confirm in her or his report that the victim has

been offered SAPR advocacy services, an explanation of the notifications in the DD Form 2910;

medical and mental healthcare and informed of his or her eligibility for an SVC/VLC. The 8-

day incident report is not required for Restricted Reports in accordance with section 1743 of

Reference (o). SARC and SAPR VA communications with victims are protected by the

Restricted Reporting option and the MRE 514 privilege of Reference (w).

(1) Even if the victim chooses not to convert to an Unrestricted Report, or provide PII,

the non-PII information provided by the SARC makes the installation commander aware that a

sexual assault incident was reported to have occurred. Restricted Reporting gives the installation

commander a clearer picture of the reported sexual assaults within the command. The

installation commander can then use the information to enhance preventive measures, to enhance

the education and training of the command’s personnel, and to scrutinize more closely the

organization’s climate and culture for contributing factors.

(2) Neither the installation commander nor DoD law enforcement may use the

information from a Restricted Report for investigative purposes or in a manner that is likely to

discover, disclose, or reveal the identities of the victims unless an exception to Restricted

Reporting applies. Improper disclosure of Restricted Reporting information may result in

disciplinary action or other adverse personnel or administrative actions.

5. EXCEPTIONS TO RESTRICTED REPORTING AND DISCLOSURES

a. The SARC will evaluate the confidential information provided under the Restricted

Report to determine whether an exception applies.

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(1) The SARC shall disclose the otherwise protected confidential information only after

consultation with the SJA of the installation commander, supporting judge advocate or other

legal advisor concerned, who shall advise the SARC whether an exception to Restricted

Reporting applies. In addition, the SJA, supporting judge advocate, or other legal advisor

concerned will analyze the impact of MRE 514 on the communications.

(2) When there is uncertainty or disagreement on whether an exception to Restricted

Reporting applies, the matter shall be brought to the attention of the installation commander for

decision without identifying the victim (using non-PII information). Improper disclosure of

confidential communications under Restricted Reporting, improper release of medical

information, and other violations of this guidance are prohibited and may result in discipline

pursuant to the UCMJ or State statute, loss of privileges, loss of certification or credentialing, or

other adverse personnel or administrative actions.

b. The following exceptions to the prohibition against disclosures of Restricted Reporting

authorize a disclosure of a Restricted Report only when the SJA consultation described in

paragraph 6.a. has occurred and only if one or more of the following conditions apply:

(1) Authorized by the victim in writing.

(2) Necessary to prevent or mitigate a serious and imminent threat to the health or safety

of the victim or another person; for example, multiple reports involving the same alleged

offender (repeat offender) could meet this criterion. See similar safety and security exceptions in

MRE 514 of Reference (w).

(3) Required for fitness for duty or disability determinations. This disclosure is limited

to only the information necessary to process duty or disability determinations for Service

members. Disclosure of a Restricted Report under these circumstances does not change the

nature of the victim’s Restricted Report, nor does it create an obligation for reporting to law

enforcement or command for investigation.

(4) Required for the supervision of coordination of direct victim healthcare or services.

The SARC, SAPR VA, or healthcare personnel can disclose specifically requested information to

those individuals with an official need to know, or as required by law or regulation.

(5) Ordered by a military official (e.g., a duly authorized subpoena in a UCMJ case),

Federal or State judge, or as required by a Federal or State statute or applicable U.S. international

agreement. The SARC, SAPR VA, and healthcare personnel will consult with the installation

commander’s servicing legal office, in the same manner as other recipients of privileged

information, to determine if the exception criteria apply and whether a duty to disclose the

otherwise protected information is present. Until those determinations are made, only non-PII

shall be disclosed.

c. Healthcare personnel may also convey to the victim’s unit commander any possible

adverse duty impact related to the victim’s medical condition and prognosis in accordance with

References (aa) and (ba). However, such circumstances do NOT otherwise warrant a Restricted

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Reporting exception to policy. Therefore, the confidential communication related to the sexual

assault may not be disclosed. Improper disclosure of confidential communications, improper

release of medical information, and other violations of this Instruction and Reference (c) are

prohibited and may result in discipline pursuant to the UCMJ or another Federal or State statute,

loss of privileges, or other adverse personnel or administrative actions.

d. The SARC or SAPR VA shall inform the victim when a disclosure in accordance with the

exceptions in this section of this enclosure is made. Whenever possible, the victim should be

notified in advance of the disclosure.

e. If a SARC, SAPR VA, or healthcare personnel makes an unauthorized disclosure of a

confidential communication, that person is subject to disciplinary action. Unauthorized

disclosure has no impact on the status of the Restricted Report. All Restricted Reporting

information is still confidential and protected, to the extent authorized by law and this

Instruction. However, unauthorized or inadvertent disclosures made to a commander or law

enforcement shall result in notification to the MCIO.

6. ACTIONABLE RIGHTS. Restricted Reporting does not create any actionable rights for the

victim or alleged offender or constitute a grant of immunity for any actionable conduct by the

alleged offender or the victim.

7. RESOURCES FOR VICTIMS TO REPORT RETALIATION,REPRISAL, OSTRACISM,

MALTREATMENT, SEXUAL HARASSMENT, OR TO REQUEST AN

EXPEDITED/SAFETY TRANSFER OR MILITARY PROTECTIVE ORDER

(MPO)/CIVILIAN PROTECTIVE ORDER (CPO). SARCs and SAPR VAs must inform

victims of the resources available to report instances of retaliation, reprisal, ostracism,

maltreatment, sexual harassment, or to request a transfer or MPO. If the allegation is criminal in

nature and the victim filed an Unrestricted Report, the crime should be immediately reported to

an MCIO, even if the crime is not something normally reported to an MCIO (e.g., victim’s

personal vehicle was defaced). Victims can seek assistance on how to report allegations by

requesting assistance from:

a. A SARC or SAPR VA or SVC/VLC.

b. A SARC on a different installation, which can be facilitated by the Safe Helpline.

c. Their immediate commander.

d. A commander OUTSIDE their chain of command.

e. Service personnel to invoke their Service-specific reporting procedures regarding such

allegations in accordance with DoD Retaliation Prevention and Response Strategy: Regarding

Sexual Assault and Harassment Reports (Reference (au)).

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f. Service Military Equal Opportunity (MEO) representative to file a complaint of sexual

harassment.

g. A G/FO if the retaliation, reprisal, ostracism, or maltreatment involves the administrative

separation of victims within 1 year of the final disposition of their sexual assault case. A victim

may request that the G/FO review the separation in accordance with Reference (xv) (enlisted

personnel) or Reference (y) (commissioned officers).

h. A G/FO if the victim believes that there has been an impact on their military career

because they reported a sexual assault or sought mental health treatment for sexual assault that

the victim believes is associated with the sexual assault. The victim may discuss the impact with

the G/FO.

i. An SVC or VLC, trial counsel and VWAP, or a legal assistance attorney to facilitate

reporting with a SARC or SAPR VA.

j. Service personnel to file a complaint of wrongs in accordance with Article 138 of the

UCMJ (section 938 of Reference (d)).

k. IG DoD, invoking whistle-blower protections in accordance with Reference (am).

l. Commander or SARC to request an Expedited Transfer.

m. Commander or SARC to request a safety transfer or an MPO and/or CPO, if the victim is

in fear for her or his safety.

n. The MCIO, if the allegation is of an act that is criminal in nature and the victim filed an

Unrestricted Report. The allegation should immediately be reported to an MCIO.

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ENCLOSURE 5

COMMANDER AND MANAGEMENT SAPR PROCEDURES

1. SAPR MANAGEMENT. Commanders, supervisors, and managers at all levels are

responsible for the effective implementation of the SAPR program and policy. Military and

DoD civilian officials at each management level shall advocate a strong SAPR program, and

provide education and training that shall enable them to prevent and appropriately respond to

incidents of sexual assault.

2. INSTALLATION COMMANDER SAPR RESPONSE PROCEDURES. Each installation

commander shall:

a. Develop guidelines to establish a 24 hours, 7 days per week sexual assault response

capability for their locations, including deployed areas. For SARCs that operate within

deployable commands that are not attached to an installation, senior commanders of the

deployable commands shall ensure that equivalent SAPR standards are met. All SARCs will

have direct and unimpeded contact and access to the installation commander (see Glossary), and

the immediate commander of both the Service member victim and alleged Service member

offender. The installation commander will have direct contact with the SARC; this responsibility

will not be delegated.

b. Require ALL supervisors, officer and enlisted, down to the most junior supervisor, to

receive specialized training that explains:

(1) That ALL personnel in the victim’s chain of command, officer and enlisted, are

required when they become aware of allegations of retaliation, reprisal, ostracism, or

maltreatment to take appropriate measures to protect the victim.

(2) What constitutes retaliation, reprisal, ostracism, and maltreatment in accordance with

Reference (au), and Military Whistleblower Protections and procedures for reporting allegations

of reprisal in accordance with Reference (am)

(3) The resources available for victims (listed in Enclosure 4 of this Instruction) to report

instances of retaliation, reprisal, ostracism, maltreatment, or sexual harassment or to request a

transfer or MPO.

(4) That victims who reported a sexual assault or sought mental health treatment for

sexual assault have the opportunity to discuss issues related to their military career with the

G/FO that the victim believes are associated with the sexual assault.

c. Ensure that a safety assessment will be available to all Service members, adult military

dependents, and civilians who are eligible for SAPR services, even if the victim is not physically

located on the installation.

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(1) Identify installation personnel who have been trained and are able to perform a safety

assessment of each sexual assault victim, regardless of whether he or she filed a Restricted or

Unrestricted Report. Individuals tasked to conduct safety assessments must occupy positions

that do not compromise the victim’s reporting options.

(2) The safety assessment will be conducted as soon as possible.

3. COMMANDER SAPR RESPONSE PROCEDURES. Each Commander shall:

a. Respond appropriately to incidents of sexual assault. Use the “Commander’s 30-Day

Checklist for Unrestricted Reports” to facilitate the response to the victim and an alleged

offender, and an appropriate response for a sexual assault within a unit. The “Commander’s 30-

Day Checklist for Unrestricted Reports” is located in the SAPR Policy Toolkit, on www.sapr.mil.

This 30-day checklist may be expanded by the Military Services to meet Service-specific

requirements and procedures.

b. Meet with the SARC within 30 days of taking command for one-on-one SAPR training.

The training shall include a trends brief for unit and area of responsibility, the confidentiality

and “official need to know” requirements for both Unrestricted and Restricted Reporting, and the

requirements of 8-day incident report in accordance with section 1743 of Reference (o). The

Sexual Assault Incident Response Oversight Report template is located in the SAPR Policy

Toolkit, on www.sapr.mil. The commander must contact a judge advocate for training on the

MRE 514 privilege.

c. Require the SARC to:

(1) Be notified of every incident of sexual assault involving Service members or persons

covered in this Instruction, in or outside of the military installation when reported to DoD

personnel. When notified, the SARC or SAPR VA shall respond to offer the victim SAPR

services. All SARCs shall be authorized to perform victim advocate duties in accordance with

service regulations, and will be acting in the performance of those duties.

(a) In Restricted Reports, the SARC shall be notified by the healthcare personnel in

accordance with Enclosure 7 of this Instruction or the SAPR VA.

(b) In Unrestricted Reports, the SARC shall be notified by the DoD responders or

healthcare personnel.

(2) Provide the victim’s installation commander and immediate commander the

information regarding an Unrestricted Report within 24 hours of an Unrestricted Report of

sexual assault.

(3) If the victim is a civilian and the alleged offender is a Service member, the immediate

commander of that Service member shall be provided relevant information, to include any SAPR

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services made available to the civilian. The MCIO provides the commander of the alleged

offender with information, to the extent available, regarding the victim, and SAPR services

offered, if any, to file the 8-day incident report in accordance with section 1743 of Reference (o).

(4) Provide the installation commander with non-PII, as defined in the Glossary, within

24 hours of a Restricted Report of sexual assault. This notification may be extended to 48 hours

after the report of the incident if there are extenuating circumstances in the deployed

environment. Command and installation demographics shall be taken into account when

determining the information to be provided. To ensure oversight of victim services for

Restricted Report cases, the SARC will confirm in his or her report that the victim has been

offered SAPR advocacy services; received explanation of the notifications in the DD Form 2910;

offered medical and mental health care; and informed of eligibility for a Special Victim's

Counsel or Victim's Legal Counsel. An 8-day incident report is not required for Restricted

Reports in accordance with section 1743 of Reference (o).

(5) Be supervised and evaluated by the installation commander or deputy installation

commander in the performance of SAPR procedures in accordance with Enclosure 6 of this

Instruction.

(6) Receive SARC training to follow procedures in accordance with Enclosure 6 of this

Instruction. Upon implementation of the D-SAACP, standardized criteria for the selection and

training of SARCs and SAPR VAs shall include the application criteria in DD Form 2950 and

comply with specific Military Service guidelines and certification requirements.

(7) Follow established procedures to store the DD Form 2910 pursuant to Military

Service regulations regarding the storage of documents with PII. Follow established procedures

to store the original DD Form 2910 and ensure that all Federal and Service privacy regulations

are adhered to.

d. Evaluate healthcare personnel per Military Service regulation in the performance of SAPR

procedures as described in Enclosure 7 of this Instruction.

e. Require adequate supplies of SAFE Kits be maintained by the active component. The

supplies shall be routinely evaluated to guarantee adequate numbers to meet the need of sexual

assault victims.

f. Require DoD law enforcement and healthcare personnel to comply with prescribed chain

of custody procedures described in their Military Service-specific MCIO procedures. Modified

procedures applicable in cases of Restricted Reports of sexual assault are explained in Enclosure

8 of this Instruction.

g. Require that a CMG is conducted on a monthly basis in accordance with Enclosure 9 of

this Instruction.

(1) Chair or attend the CMG, in accordance with the requirements in Enclosure 9 of this

Instruction. Direct the required CMG members to attend.

file://///ESCALADE.wso-ad.wso.whs.mil/SAPRO/1%20DIANA%20R/1%20%20WHS%20REISSUANCE/Instruction/and

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(2) Commanders shall provide victims of a sexual assault who filed an Unrestricted

Report monthly updates regarding the current status of any ongoing investigative, medical, legal,

status of an Expedited Transfer request or any other request made by the victim, or command

proceedings regarding the sexual assault until the final disposition (see Glossary) of the reported

assault, and to the extent permitted pursuant to Reference (al), Reference (ab), and section 552a

of Reference (z). This is a non-delegable commander duty. This update must occur within 72

hours of the last CMG. Commanders of NG victims who were sexually assaulted when the

victim was on title 10 orders and filed Unrestricted Reports are required to update, to the extent

allowed by law and regulations, the victim’s home State title 32 commander as to all or any

ongoing investigative, medical, and legal proceedings and of any actions being taken by the

active component against subjects who remain on title 10 orders.

h. Ensure that resolution of Unrestricted Report sexual assault cases shall be expedited.

(1) A unit commander who receives an Unrestricted Report of a sexual assault shall

immediately refer the matter to the appropriate MCIO, to include any offense identified by the

UCMJ. A unit commander shall not conduct internal command directed investigations on sexual

assault (i.e., no referrals to appointed command investigators or inquiry officers) or delay

immediately contacting the MCIOs while attempting to assess the credibility of the report.

(2) The final disposition of a sexual assault shall immediately be reported by the

accused’s commander to the assigned MCIO. Dispositions on cases referred by MCIOs to other

DoD law enforcement agencies shall be immediately reported to the MCIOs upon their final

disposition. When requested by MCIOs, commanders shall provide final disposition of sexual

assault cases. Service legal officers are responsible for entering and approving the final case

disposition input into DSAID and notifying the SARC of the disposition results.

i. Appoint a point of contact to serve as a formal liaison between the installation SARC and

the installation FAP staff (or civilian domestic resource if FAP is not available for a Reserve

Component victim) to direct coordination when a sexual assault occurs within a domestic

relationship or involves child abuse.

j. Ensure appropriate training of all military responders be directed and documented in

accordance with training standards in Enclosure 10 of this Instruction. Direct and document

appropriate training of all military responders who attend the CMG.

k. Identify and maintain a liaison with civilian sexual assault victim resources. Where

necessary, it is strongly recommended that an MOU or MOAs with the appropriate local

authorities and civilian service organizations be established to maximize cooperation, reciprocal

reporting of sexual assault information, and consultation regarding jurisdiction for the

prosecution of Service members involved in sexual assault, as appropriate.

l. In accordance with section 1565b(a)(2) of Reference (d), a Service member or a dependent

who is the victim of sexual assault shall be informed of the availability of legal assistance and

the services of a SARC and SAPR VA as soon as the member or dependent seeks assistance

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from a SARC, a SAPR VA, an MCIO, a victim or witness liaison, or a trial counsel. The

member or dependent shall also be informed that the legal assistance and the services of a SARC

or a SAPR VA are optional and may be declined, in whole or in part, at any time.

m. Direct that DoD law enforcement ,not affiliated with an MCIO, when applicable, and

VWAP personnel provide victims of sexual assault who elect an Unrestricted Report the

information outlined in DoDD 1030.01 (Reference (av)) and Reference (ac) throughout the

investigative and legal process. The completed DD Form 2701 shall be distributed to the victim

in Unrestricted Reporting cases by DoD MCIO in accordance with Reference (aa).

n. Require that investigation descriptions found in the Appendix to Enclosure 12 in this

Instruction be used to report case dispositions.

o. Establish procedures to protect Service member victims and/or their dependents, SARCs,

SAPR VAs, witnesses, healthcare providers, bystanders, and others associated with a report of

sexual assault allegation from retaliation, reprisal, ostracism, and maltreatment.

(1) Protect victims of sexual assault from retaliation, ostracism, maltreatment, and

reprisal in accordance with References (am) and (au). Require the SARC or SAPR VA to inform

victims of the resources, listed in Enclosure 4 of this Instruction, to report instances of

retaliation, reprisal, ostracism, maltreatment, or sexual harassment or to request a transfer or

MPO and/or CPO or to consult with an SVC/VLC.

(2) Require SARCs and SAPR VAs to advise victims who reported a sexual assault or

sought mental health treatment for sexual assault that they have the opportunity to discuss issues

related to their military career with a G/FO that the victim believes are associated with the sexual

assault.

p. Require that sexual assault reports be entered into DSAID through interface with MCIO

case management systems, or by direct data entry by authorized personnel.

q. Designate an official, usually the SARC, to generate an alpha-numeric Restricted

Reporting case number (RRCN).

r. Appoint a healthcare provider, as an official duty, in each MTF to be the resident point of

contact concerning SAPR policy and sexual assault care.

s. Submit an 8-day incident report in writing after an Unrestricted Report of sexual assault

has been made in accordance with section 1743 of Reference (o). The 8-day incident report will

only be provided to personnel with an official need to know.

4. MOUs OR MOAs WITH LOCAL CIVILIAN AUTHORITIES. The purpose of MOUs and

MOAs is to:

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a. Enhance communications and the sharing of information regarding sexual assault

prosecutions, as well as of the sexual assault care and forensic examinations that involve Service

members and eligible TRICARE beneficiaries covered by this Instruction.

b. Collaborate with local community crisis counseling centers, as necessary, to augment or

enhance their sexual assault programs.

c. Provide liaison with private or public sector sexual assault councils, as appropriate.

d. Provide information about medical and counseling services related to care for victims of

sexual assault in the civilian community, when not otherwise available at the MTFs, in order that

military victims may be offered the appropriate healthcare and civilian resources, where

available and where covered by military healthcare benefits.

e. Where appropriate or required by MOU or MOA, facilitate training for civilian service

providers about SAPR policy and the roles and responsibilities of the SARC and SAPR VA.

5. LINE OF DUTY (LOD) PROCEDURES

a. Members of the Reserve Components, whether they file a Restricted or Unrestricted

Report, shall have access to medical treatment and counseling for injuries and illness incurred

from a sexual assault inflicted upon a Service member when performing active service, as

defined in section 101(d)(3) of Reference (d), and inactive duty training.

b. Medical entitlements remain dependent on a LOD determination as to whether or not the

sexual assault incident occurred in an active service or inactive duty training status. However,

regardless of their duty status at the time that the sexual assault incident occurred, or at the time

that they are seeking SAPR services (see Glossary), Reserve Component members can elect

either the Restricted or Unrestricted Reporting option (see Glossary in Reference (c)) and have

access to the SAPR services of a SARC and a SAPR VA.

c. Any alleged collateral misconduct by a Service member victim associated with the sexual

assault incident will be excluded from consideration as intentional misconduct or gross

negligence under the analysis required by section 1074a(c) of Reference (d) in LOD findings for

healthcare to ensure sexual assault victims are able to access medical treatment and mental health

services.

d. The following LOD procedures shall be followed by Reserve Component commanders.

(1) To safeguard the confidentiality of Restricted Reports, LOD determinations may be

made without the victim being identified to DoD law enforcement or command, solely for the

purpose of enabling the victim to access medical care and psychological counseling, and without

identifying injuries from sexual assault as the cause.

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(2) For LOD determinations for sexual assault victims, the commander of the Reserve

command in each component and the directors of the Army and Air NG shall designate

individuals within their respective organizations to process LODs for victims of sexual assault

when performing active service, as defined in section 101(d)(3) of Reference (d), and inactive

duty training.

(a) Designated individuals shall possess the maturity and experience to assist in a

sensitive situation , will have SAPR training, so they can appropriately interact with sexual

assault victims, and if dealing with a Restricted Report, to safeguard confidential

communications and preserve a Restricted Report (e.g., SARCs and healthcare personnel).

These individuals are specifically authorized to receive confidential communications, as defined

by the Glossary of this Instruction, for the purpose of determining LOD status.

(b) The appropriate SARC will brief the designated individuals on Restricted

Reporting policies, exceptions to Restricted Reporting, and the limitations of disclosure of

confidential communications as specified in section 5 of Enclosure 4 of this Instruction. The

SARC and these individuals, or the healthcare provider may consult with their servicing legal

office, in the same manner as other recipients of privileged information for assistance, exercising

due care to protect confidential communications in Restricted Reports by disclosing only non-

identifying information. Unauthorized disclosure may result in disciplinary action.

(3) For LOD purposes, the victim’s SARC may provide documentation that substantiates

the victim’s duty status as well as the filing of the Restricted Report to the designated official.

(4) If medical or mental healthcare is required beyond initial treatment and follow-up, a

licensed medical or mental health provider must recommend a continued treatment plan.

(5) Reserve Component members who are victims of sexual assault may be retained or

returned to active duty in accordance with Table 1 and section 12323 of Reference (d).

(a) A request described in Table 1 submitted by a Reserve Component member must

be answered with a decision within 30 days from the date of the request, in accordance with

Reference (n).

(b) If the request is denied, the Reserve Component member may appeal to the first

G/FO in his or her chain of command. A decision must be made on that appeal within 15 days

from the date of the appeal, in accordance with Reference (n).

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Table 1. Retention or Return to Active Duty of Reserve Component Members

for LOD Determinations to Ensure Continuity of Care

If a member of the Reserve Component…

And the sexual assault

was committed while

he or she was on active

duty

Then…

Is expected to be released from active

duty before the determination is made

regarding whether he or she was assaulted

while in the LOD in accordance with

section 12323 of Reference (d)...

The Secretary concerned, upon the

member’s request, may order him or her

to be retained on active duty until the

LOD determination.

Is not on active duty and the LOD

determination is not completed…

The Secretary concerned, upon the

member’s request, may order him or her

to be recalled to active duty for such time

as necessary for completion of the LOD

determination.

A member eligible for this retention or

recall shall be informed as soon as

practicable after the alleged assault of the

option to request continuation on active

duty for the LOD.

6. EXPEDITED VICTIM TRANSFER REQUESTS

a. Any threat to life or safety of a Service member shall be immediately reported to

command and DoD law enforcement authorities (see Glossary) and a request to transfer the

victim under these circumstances will be handled in accordance with established Service

regulations.

(1) Safety issues are NOT handled through an Expedited Transfer. They are handled

through a fast safety move following applicable DoD and Service-specific procedures. (An

Expedited Transfer may take longer than a safety move.)

(2) The intent behind the Expedited Transfer policy in this enclosure is to address

situations where a victim feels safe, but uncomfortable. An example of where a victim feels

uncomfortable is where a victim may be experiencing ostracism and retaliation. The intent

behind the Expedited Transfer policy is to assist in the victim’s recovery by moving the victim to

a new location, where no one knows of the sexual assault.

b. Service members who file an Unrestricted Report of sexual assault shall be informed by

the SARC, SAPR VA, or the Service member’s commanding officer (CO), or civilian supervisor

equivalent (if applicable), at the time of making the report, or as soon as practicable, of the option

to request a temporary or permanent Expedited Transfer from their assigned command or

installation, or to a different location within their assigned command or installation in accordance

with section 673 of Reference (d). The Service members shall initiate the transfer request and

submit the request to their COs. The CO shall document the date and time the request is

received.

(1) A presumption shall be established in favor of transferring a Service member (who

initiated the transfer request) following a credible report (see Glossary) of sexual assault. The

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CO, or the appropriate approving authority, shall make a credible report determination at the

time the expedited request is made after considering the advice of the supporting judge advocate,

or other legal advisor concerned, and the available evidence based on an MCIO’s investigation’s

information (if available). If the Expedited Transfer is disapproved because there was no

credible report, the grounds on which it was disapproved must be documented. A commander

can always transfer a victim on other grounds, e.g., on humanitarian grounds, through a process

outside of the Expedited Transfer process.

(2) Expedited Transfers of Service members who report that they are victims of sexual

assault shall be limited to sexual assault offenses reported in the form of an Unrestricted Report.

(a) Sexual assault against adults is defined in the Glossary of Reference (c) and

includes rape and sexual assault in violation of Article 120 of the UCMJ (section 920 of

Reference (d)), and forcible sodomy in violation of Article 125 of the UCMJ (section 925 of

Reference (d). This Instruction does not address victims covered under FAP.

(b) If the Service member files a Restricted Report in accordance with Reference (c)

and requests an Expedited Transfer, the Service member must affirmatively change his or her

reporting option to Unrestricted Reporting on the DD Form 2910, in order to be eligible for an

Expedited Transfer.

(3) When the alleged perpetrator is the commander or otherwise in the victim’s chain of

command, the SARC shall inform such victims of the opportunity to go outside the chain of

command to report the offense to MCIOs, other commanding officers or an Inspector General.

Victims shall be informed that they can also seek assistance from a legal assistance attorney, the

DoD Safe Helpline, or an SVC/VLC. The relationship between an SVC/VLC and a victim in the

provision of legal advice and assistance will be the relationship between an attorney and client, in

accordance with section 1044e of Reference (d).

(4) The CO shall expeditiously process a transfer request from a command or

installation, or to a different location within the command or installation. The CO shall request

and take into consideration the Service member’s input before making a decision involving a

temporary or permanent transfer and the location of the transfer. If approved, the transfer orders

shall also include the Service member’s dependents (if accompanied) or military spouse (if the

military spouse consents). In most circumstances, transfers to a different installation should be

completed within 30 calendar days from the date the transfer is approved. Transfers to a new

duty location that do not require a change of station move should be completed within 1 week

from the date the transfer is approved.

(5) The CO must approve or disapprove a Service member’s request for a permanent

change of station (PCS), permanent change of assignment (PCA), or unit transfer within 72 hours

from receipt of the Service member’s request. The decision to approve the request shall be

immediately forwarded to the designated activity that processes PCS, PCA, or unit transfers (see

Glossary).

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(6) If the Service member’s transfer request is disapproved by the CO, the Service

member shall be given the opportunity to request review by the first G/FO in the chain of

command of the member, or an SES equivalent (if applicable). The decision to approve or

disapprove the request for transfer must be made within 72 hours of submission of the request for

review. If a civilian SES equivalent reviewer approves the transfer, the Secretary of the Military

Department concerned shall process and issue orders for the transfer. All transfer requests must

be reported in the Services’ and NGB Annual Program Review submission; to include all

disapproved transfer requests, and the reason for disapproval.

(7) Military Departments shall make every reasonable effort to minimize disruption to

the normal career progression of a Service member who reports that he or she is a victim of a

sexual assault.

(8) Expedited Transfer procedures require that a CO or the appropriate approving

authority make a determination and provide his or her reasons and justification on the transfer of

a Service member based on a credible report of sexual assault. A CO shall consider:

(a) The Service member’s reasons for the request.

(b) Potential transfer of the alleged offender instead of the Service member

requesting the transfer.

1. Commanders have the authority to make a timely determination and to take

action regarding whether a Service member who is alleged to have committed or attempted to

commit a sexual assault offense should be temporarily reassigned or removed from a position of

authority or from an assignment. This reassignment or removal must be taken not as a punitive

measure, but solely for the purpose of maintaining good order and discipline within the

member’s unit in accordance with section 674 of Reference (d).

2. This determination may be made at any time after receipt of notification of an

Unrestricted Report of a sexual assault that identifies the Service member as an alleged

perpetrator.

(d) Whether a temporary transfer would meet the Service member’s needs and the

operational needs of the unit.

(e) Training status of the Service member requesting the transfer.

(f) Availability of positions within other units on the installation.

(g) Status of the investigation and potential impact on the investigation and future

disposition of the offense, after consultation with the investigating MCIOs.

(h) Location of the alleged offender.

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(i) Alleged offender’s status (Service member or civilian).

(j) Other pertinent circumstances or facts.

(9) Service members requesting the transfer shall be informed that they may have to

return for the prosecution of the case, if the determination is made that prosecution is the

appropriate action.

(10) Commanders shall directly counsel the Service member to ensure that he or she is

fully informed regarding:

(a) Reasonably foreseeable career impacts.

(b) The potential impact of the transfer or reassignment on the investigation and case

disposition or the initiation of other adverse action against the alleged offender.

(d) Other possible consequences of granting the request.

(11) When an Expedited Transfer is approved, notification from the losing commander

to the gaining commander will depend on whether there is an open case and continuation of

services. If there is neither an open case nor continuation of services, no other action is needed.

If there is an open case and services are requested, then notification to the gaining commander

will occur to facilitate the investigation and access to services. This procedure applies to any

sexual assault victim move (e.g., permanent change of station either on or before the member’s

normal rotation date, temporary duty inside or out of local area).

(a) When an Expedited Transfer is approved, the losing commander will NOT inform

the gaining commander of the sexual assault incident unless one of the following applies:

1. Active criminal investigation.

2. Active legal proceeding.

3. Ongoing victim healthcare (medical or mental health) needs that are directly

related to the sexual assault.

4. Ongoing monthly CMG oversight involving the victim or

5. Active SAPR victim support services.

(b) When an Expedited Transfer is approved, the losing commander will inform the

gaining commander of the inbound Expedited Transfer if any of the circumstances in paragraphs

5.b.(11)(a)1.-4. are occurring. The losing commander will limit the information given to

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objective facts about victim care provided, status of open investigations, and the status of

ongoing legal proceedings in order to provide the gaining commander with some context for

victim behavior and to facilitate the victim’s access to advocacy, healthcare, MCIOs, and legal

counsel.

1. SARC or SAPR VA case documents will not be transferred to the gaining

SARC without consent from the victim.

2. The receiving commander will adopt processes to assure strict confidentiality.

Only the immediate commander of the victim will be notified. The immediate commander may

share the notification with the senior enlisted advisor, if deemed necessary to support the victim.

All information shall be kept confidential to the extent authorized by law. Additional personnel

will be notified by the commander only if they have direct input to the monthly CMG meeting.

Every attempt must be made to limit access to the information that a victim has been transferred

into the unit as a result of a sexual assault report.

(12) If a victim transfers from the installation, then the processes in Table 2 apply as

appropriate.

Table 2. Victim Transfer Processes

IF THEN

 The victim does NOT seek continued services of a SARC or SAPR VA at the new location,

and

 The investigation or legal proceeding is ongoing at the original installation:

 The CMG responsibility remains with the original installation’s CMG chair.

 The victim will be asked if she or he would like to receive the monthly update from the CMG

meetings.

 If the victim wants the CMG updates, then the victim’s new commander will participate in

person or call in to the CMG meetings and this

call in will be documented in the minutes of the

CMG.

 The new commander will provide the victim a monthly update of her or his case within 72

hours of the last CMG.

The victim DOES seek SAPR services at the new

location:  The advocacy responsibility transfers to the

receiving SARC at the victim’s new installation

(if the victim consents to seek SAPR services at

new location), and then the CMG responsibility

may transfer to the new location.

 If the CMG does transfer to the location of the victim, then the MCIOs at the original

installation (if there is an ongoing investigation)

and the legal officer at the original installation

(if there are ongoing legal proceedings) are

required to call in to the CMG. This MCIO and

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Table 2. Victim Transfer Processes, Continued

IF THEN

legal officer call-in will be documented in the

CMG notes

 The victim seeks SAPR services at the new location, and

 The Military Service determines that the CMG should stay at the original installation:

 The SARC at the new location must call in to the CMG meeting at the original location to

report on victim services and any safety or

retaliation-related issues. This SARC call-in

will be documented in the CMG notes.

 The victim’s new commander must also call in to the CMG meeting and must provide the

victim a monthly update of her or his case

within 72 hours of the last CMG.

(13) Require that Expedited Transfer procedures for Reserve Component members,

Army NG, and Air NG members who make Unrestricted Reports of sexual assault be established

by commanders within available resources and authorities. If requested by the Service member,

the command should allow for separate training on different weekends or times from the alleged

offender or with a different unit in the home drilling location to ensure undue burden is not

placed on the Service member and his or her family by the transfer. Potential transfer of the

alleged offender instead of the Service member should also be considered. At a minimum, the

alleged offender’s access to the Service member who made the Unrestricted Report shall be

controlled, as appropriate.

(14) Even in those court-martial cases in which the accused has been acquitted, the

standard for approving an Expedited Transfer still remains whether a credible report has been

filed. The commander shall consider all the facts and circumstances surrounding the case and

the basis for the transfer request.

7. MILITARY PROTECTIVE ORDERS (MPO). In Unrestricted Reporting cases, commanders

shall execute the following procedures regarding MPOs:

a. Require the SARC or the SAPR VA to inform sexual assault victims protected by an

MPO, in a timely manner, of the option to request transfer from the assigned command in

accordance with section 567(c) of Reference (k).

b. Notify the appropriate civilian authorities of the issuance of an MPO and of the

individuals involved in the order, in the event an MPO has been issued against a Service member

and any individual involved in the MPO does not reside on a military installation at any time

during the duration of the MPO pursuant to Reference (j).

(1) An MPO issued by a military commander shall remain in effect until such time as the

commander terminates the order or issues a replacement order.

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(2) The issuing commander shall notify the appropriate civilian authorities of any change

made in a protective order, or its termination, in accordance with Reference (j).

(3) When an MPO has been issued against a Service member and any individual

involved in the MPO does not reside on a military installation at any time during the duration of

the MPO, notify the appropriate civilian authorities of the issuance of an MPO and of the

individuals involved in the order. The appropriate civilian authorities shall include, at a

minimum, the local civilian law enforcement agency or agencies with jurisdiction to respond to

an emergency call from the residence of any individual involved in the order.

c. Military commanders will, through their installation law enforcement agency, place an

active MPO in the National Crime Information Center (NCIC) for the duration of the order.

Installation law enforcement will initiate a police report for the MPO, creating the required

Originating Agency Case Number, and place the MPO in the NCIC Protective Order File, using

PROTECTION ORDER CONDITIONS (PCO) Field Code 08 with the following mandatory

caveat in the miscellaneous field: “THIS IS A MILITARY PROTECTIVE ORDER AND MAY

NOT BE ENFORCEABLE BY NON-MILITARY AUTHORITIES. IF SUBJECT IS IN

POSSIBLE VIOLATION OF THE ORDER, ADVISE THE ENTERING AGENCY

(MILITARY LAW ENFORCEMENT).”

d. Advise the person seeking the MPO that the MPO is not enforceable by civilian

authorities off base and that victims desiring protection off base should seek a civilian protective

order (CPO). Off base violations of the MPO should be reported to the issuing commander, DoD

law enforcement, and the relevant MCIO for investigation.

(1) Pursuant to section 1561a of Reference (d), a CPO shall have the same force and

effect on a military installation as such order has within the jurisdiction of the court that issued

such order. Commanders, MCIOs, and installation DoD law enforcement personnel shall take all

reasonable measures necessary to ensure that a CPO is given full force and effect on all DoD

installations within the jurisdiction of the court that issued such order.

(2) If the victim has informed the SARC of an existing CPO, a commander shall require

the SARC to inform the CMG of the existence of the CPO and its requirements. After the CPO

information is received at the CMG, DoD law enforcement agents shall be required to document

CPOs for all Service members in their investigative case file, to include documentation for

Reserve Component personnel in title 10 status.

e. MPOs in cases other than sexual assault matters may have separate requirements.

f. The issuing commander will fill out the DD Form 2873, “Military Protective Order

(MPO),” and is required to provide the victim(s) and the alleged offender(s) with copies of the

completed form. Verbal MPOs can be issued, but need to be subsequently documented with a

DD Form 2873, as soon as possible.

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g. Require DoD law enforcement agents document MPOs for all Service members in their

investigative case file to include documentation for Reserve Component personnel in title 10

status. The appropriate DoD law enforcement agent representative to the CMG shall brief the

CMG chair and co-chair on the existence of an MPO.

h. If the commander’s decision is to deny the MPO request, document the reasons for the

denial. Denials of MPO requests go to the installation commander or equivalent command level

(in consultation with a judge advocate) for the final decision.

i. The number of MPO(s) issued, to include violations, must be included in the Services’ and

NGB Annual Program Review submission, as required by Reference (k).

8. COLLATERAL MISCONDUCT IN SEXUAL ASSAULT CASES

a. Collateral misconduct by the victim of a sexual assault is one of the most significant

barriers to reporting assault because of the victim’s fear of punishment. Some reported sexual

assaults involve circumstances where the victim may have engaged in some form of misconduct

(e.g., underage drinking or other related alcohol offenses, adultery, fraternization, or other

violations of certain regulations or orders). Commanders shall have discretion to defer action on

alleged collateral misconduct by the sexual assault victims (and shall not be penalized for such a

deferral decision), until final disposition of the sexual assault case, taking into account the

trauma to the victim and responding appropriately so as to encourage reporting of sexual assault

and continued victim cooperation, while also bearing in mind any potential speedy trial and

statute of limitations concerns.

b. In accordance with Secretary of Defense Memorandum (Reference (aw)), the initial

disposition authority is withheld from all commanders within the Department of Defense who do

not possess at least special court-martial convening authority and who are not in the grade of 0-6

(i.e., colonel or Navy captain) or higher, with respect to the alleged offenses of rape, sexual

assault, and forcible sodomy; all attempts to commit such offenses, in violation of Articles 120,

125, and 80 of the UCMJ (sections 920, 925, and 880 of Reference (d)); and all other alleged

offenses arising from or relating to the same incident, whether committed by the alleged offender

or alleged to have been committed by the sexual assault victim (collateral misconduct).

Commanders may defer taking action on a victim’s alleged collateral misconduct arising from or

relating to the sexual assault incident until the initial disposition action for the sexual assault

investigation is completed.

c. Commanders and supervisors should take appropriate action for the victim’s alleged

collateral misconduct (if warranted), responding appropriately in order to encourage sexual

assault reporting and continued cooperation, while avoiding those actions that may further

traumatize the victim. Ultimately, victim cooperation should significantly enhance timely and

effective investigations, as well as the appropriate disposition of sexual assaults.

d. Subordinate commanders shall be advised that taking action on a victim’s alleged

collateral misconduct may be deferred until final disposition of the sexual assault case. The

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Military Departments shall establish procedures so that commanders and supervisors are not

penalized for deferring alleged collateral misconduct actions for the sexual assault victim until

final disposition of the sexual assault case.

e. Commanders shall have the authority to determine, in a timely manner, how to best

manage the disposition of alleged misconduct, to include making the decision to defer

disciplinary actions regarding a victim’s alleged collateral misconduct until after the final

disposition of the sexual assault case, where appropriate. For those sexual assault cases for

which the victim’s alleged collateral misconduct is deferred, Military Service reporting and

processing requirements should take such deferrals into consideration and allow for the time

deferred to be subtracted, when evaluating whether a commander took too long to resolve the

collateral misconduct.

9. COMMANDER SAPR PREVENTION PROCEDURES. Each commander shall implement a

SAPR prevention program that:

a. Establishes prevention practice consistent with his or her Service’s implementation of the

“Department of Defense 2014-2016 Sexual Assault Prevention Strategy” (Reference (ax)).

Prevention programs will address concerns about unlawful command influence so that victims’

rights are protected at the same time that the due process rights of the alleged offenders are

safeguarded.

b. Establishes a command climate of sexual assault prevention predicated on mutual respect

and trust, recognizes and embraces diversity, and values the contributions of all its Service

members.

c. Emphasizes that sexual assault is a crime and violates the core values of being a

professional in the Military Services and ultimately destroys unit cohesion and the trust that is

essential for mission readiness and success.

d. Emphasizes DoD and Military Service policies on sexual assault and the potential legal

consequences for those who commit such crimes.

e. Monitors the organization’s SAPR climate and responds with appropriate action toward

any negative trends that may emerge.

f. Reflects feedback and modifications based on command climate surveys, which are

regularly administered in accordance with section 572 of Reference (n).

g. Identifies and remedies environmental factors specific to the location that may facilitate

the commission of sexual assaults (e.g., insufficient lighting).

h. Emphasizes sexual assault prevention training for all assigned personnel.

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i. Establishes prevention training that focuses on identifying the behavior of potential

offenders.

j. Identifies and utilizes community-based resources and partnerships to add depth to

prevention efforts.

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ENCLOSURE 6

SARC AND SAPR VA PROCEDURES

1. SARC PROCEDURES. The SARC shall:

a. Serve as the single point of contact to coordinate sexual assault response when a sexual

assault is reported. All SARCs shall be authorized to perform victim advocate duties in

accordance with Military Service regulations, and will be acting in the performance of those

duties.

b. Comply with DoD Sexual Assault Advocate Certification requirements.

c. Be trained in and understand the confidentiality requirements of Restricted Reporting and

MRE 514. Training must include exceptions to Restricted Reporting and MRE 514.

d. Assist the installation commander in ensuring that victims of sexual assault receive

appropriate responsive care and understand their available reporting options (Restricted and

Unrestricted) and available SAPR services.

e. Be authorized by this Instruction to accept reports of sexual assault along with the SAPR

VA and healthcare personnel.

f. Report directly to the installation commander in accordance with Reference (c), to include

providing regular updates to the installation commander and assist the commander to meet

annual SAPR training requirements, including providing orientation briefings for newly assigned

personnel and, as appropriate, providing community education publicizing available SAPR

services.

g. Provide a 24 hours, 7 days per week response capability to victims of sexual assault, to

include deployed areas.

(1) SARCs shall respond (see Glossary) to every Restricted and Unrestricted Report of

sexual assault on a military installation and the response shall be in person, unless otherwise

requested by the victim.

(2) Based on the locality, the SARC may ask the SAPR VA to respond and speak to the

victim.

(a) There will be situations where a sexual assault victim receives medical care and a

SAFE outside of a military installation under an MOU or MOA with local private or public sector

entities. In these cases, pursuant to the MOU or MOA the SARC or SAPR VA shall be notified,

and a SARC or SAPR VA shall respond.

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(b) When contacted by the SARC or SAPR VA, a sexual assault victim can elect not

to speak to the SARC or SAPR VA, or the sexual assault victim may ask to schedule an

appointment at a later time to speak to the SARC or SAPR VA.

(3) SARCs shall provide a response that recognizes the high prevalence of pre-existing

trauma (prior to the present sexual assault incident) and empowers an individual to make

informed decisions about all aspects in the reporting process and to access available resources.

(4) SARCs shall provide a response that is gender-responsive, culturally-competent, and

recovery-oriented.

(5) SARCs shall offer appropriate referrals to sexual assault victims and facilitate access

to referrals. Provide referrals at the request of the victim.

(a) Encourage sexual assault victims to follow-up with the referrals and facilitate

these referrals, as appropriate.

(b) In order to competently facilitate referrals, inquire whether the victim is a

Reservist or an NG member to ensure that victims are referred to the appropriate geographic

location.

h. Explain to the victim that the services of the SARC and SAPR VA are optional and these

services may be declined, in whole or in part, at any time. The victim may decline advocacy

services, even if the SARC or SAPR VA holds a position of higher rank or authority than the

victim. Explain to victims the option of requesting a different SAPR VA (subject to availability,

depending on locality staffing) or continuing without SAPR VA services.

(1) Explain the available reporting options to the victim.

(a) Assist the victim in filling out the DD Form 2910, where the victim elects to

make a Restricted or Unrestricted Report. However, the victims, not the SARCs or SAPR VAs,

must fill out the DD Form 2910. Explain that sexual assault victims have the right and ability to

consult with a SVC/VLC before deciding whether to make a Restricted Report, Unrestricted

Report, or no report at all. Additionally, the SARC or SAPR VA shall explain the eligibility

requirements for an SVC/VLC, as well as the option to request SVC or VLC services even if the

victim does not fall within the eligibility requirements.

(b) Inform the victim that the DD Form 2910 will be uploaded to DSAID and

retained for 50 years in Unrestricted Reports. The DD Forms 2910 and 2911 filed in connection

with the Restricted Report shall be retained for 50 years, in a manner that protects

confidentiality.

assault reporting requirements that may limit the possibility of Restricted Reporting. At the

same time, the victims shall be briefed of the protections and exceptions to MRE 514.

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(2) Give the victim a hard copy of the DD Form 2910 with the victim’s signature.

(a) Advise the victim to keep the copy of the DD Form 2910 and the DD Form 2911

in their personal permanent records as these forms may be used by the victim in other matters

before other agencies (e.g., Department of Veterans Affairs) or for any other lawful purpose.

(b) Store the original DD Form 2910 pursuant to secure storage Military Service

regulations and privacy laws. A SARC being reassigned shall be required to assure their

supervisor of the secure transfer of stored DD Forms 2910 to the next SARC. In the event of

transitioning SARCs, the departing SARC shall inform their supervisor of the secure storage

location of the DD Forms 2910, and the SARC supervisor will ensure the safe transfer of the DD

Forms 2910.

(3) Explain SAFE confidentiality to victims and the confidentiality of the contents of the

SAFE Kit.

(4) Explain the implications of a victim confiding in another person resulting in a third-

party report to command or DoD law enforcement (see Enclosure 4 of this Instruction).

(5) Provide the installation commander and the immediate commander of the victim (if a

civilian victim, then the immediate commander of the alleged offender) with information

regarding an Unrestricted Report within 24 hours of an Unrestricted Report of sexual assault.

This notification may be extended to 48 hours after the Unrestricted Report of the incident if

there are extenuating circumstances in the deployed environments.

(6) Provide the installation commander with non-PII within 24 hours of a Restricted

Report of sexual assault. This notification may be extended to 48 hours after the Restricted

Report of the incident if there are extenuating circumstances in a deployed environment.

Command and installation demographics shall be taken into account when determining the

information to be provided. To ensure oversight of victim services for Restricted Report cases,

the SARC will also confirm in her or his report that the victim has been offered SAPR advocacy

services; received a safety assessment; received explanation of the notifications in the DD Form

2910; been offered medical and mental health care; and informed of his or her eligibility for an

SVC/VLC.

(7) Exercise oversight responsibility for SAPR VAs authorized to respond to sexual

assaults when they are providing victim advocacy services.

(8) Perform victim advocacy duties, as needed. DoD recognizes the SARC’s authority to

perform duties as SAPR VAs, even though the SARC may not be designated in writing as a

SAPR VA pursuant to Military Service regulation.

(9) Inform the victim that, pursuant to their Military Service regulations, each Service

member who reports having been sexually assaulted shall be given the opportunity to consult

with legal assistance counsel, and in cases where the victim may have been involved in collateral

misconduct, to consult with defense counsel.

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(a) Explain the eligibility for SVC or VLC for victims filing Restricted or

Unrestricted Reports, and the types of legal assistance authorized to be provided to the sexual

assault victim, in accordance with section 1044e of Reference (d). Inform the victim of the

opportunity to consult with legal assistance counsel and SVC or VLC as soon as the victim seeks

assistance from a SARC or SAPR VA. Explain that the nature of the relationship between an

SVC or VLC and a victim in the provision of legal advice and assistance will be the relationship

between an attorney and client.

(b) Inform the victim that information concerning the prosecution shall be provided

to them in accordance with Reference (al).

(10) Facilitate education of command personnel on sexual assault and victim advocacy

services.

(11) Facilitate briefings on victim advocacy services to Service members, military

dependents, DoD civilian employees (OCONUS), DoD contractors (accompanying the Military

Services in contingency operations OCONUS), and other command or installation personnel, as

appropriate.

(12) Facilitate annual SAPR training.

(13) Facilitate the development and collaboration of SAPR public awareness campaigns

for victims of sexual assault, including planning local events for Sexual Assault Awareness

Month. Publicize the DoD Safe Helpline on all outreach materials and Service websites.

(14) Coordinate medical and counseling services between military installations and

deployed units related to care for victims of sexual assault.

(15) Conduct an ongoing assessment of the consistency and effectiveness of the SAPR

program within the assigned area of responsibility and report these observations to the installation

commander.

(16) Collaborate with other agencies and activities to improve SAPR responses to and

support of victims of sexual assault.

(17) Maintain liaison with commanders, DoD law enforcement, and MCIOs, and civilian

authorities, as appropriate, for the purpose of facilitating the following protocols and procedures to:

(a) Activate victim advocacy 24 hours a day, 7 days a week for all incidents of

reported sexual assault occurring either on or off the installation involving Service members and

other persons covered by this Instruction.

(b) Collaborate on public safety, awareness, and prevention measures.

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investigative personnel on the SAPR policy and program and the roles and responsibilities of the

SARC and SAPR VAs.

(18) Consult with command legal representatives, healthcare personnel, and MCIOs, (or

when feasible, civilian law enforcement), to assess the potential impact of State laws governing

the reporting requirements for adult sexual assault that may affect compliance with the Restricted

Reporting option and develop or revise applicable MOUs and MOAs, as appropriate.

(19) Collaborate with MTFs within their respective areas of responsibility to establish

protocols and procedures to direct notification of the SARC and SAPR VA for all incidents of

reported sexual assault, and facilitate ongoing training of healthcare personnel on the roles and

responsibilities of the SARC and SAPR VAs.

(20) Collaborate with local private or public sector entities that provide medical care to

Service members or TRICARE eligible beneficiaries who are sexual assault victims and a SAFE

outside of a military installation through an MOU or MOA.

(a) Establish protocols and procedures with these local private or public sector

entities to facilitate direct notification of the SARC for all incidents of reported sexual assault

and facilitate training of healthcare personnel of local private or public sector entities on the roles

and responsibilities of SARCs and SAPR VAs, for Service members and persons covered by this

policy.

(b) Provide off installation referrals to the sexual assault victims, as needed.

(21) When a victim has a temporary or permanent change of station or is deployed,

request victim consent to transfer case management documents and, upon receipt of victim

consent, expeditiously transfer case management documents to ensure continuity of care and

SAPR services. If the SARC has already closed the case and terminated victim contact, no other

action is needed.

(22) Document and track the services referred to and requested by the victim from the

time of the initial report of a sexual assault through the final case disposition or until the victim

no longer desires services.

(a) Enter information into DSAID or Military Service DSAID-interface within 48

hours of the report of sexual assault. In deployed locations that have internet connectivity issues,

the time frame is extended to 96 hours.

(b) Maintain in DSAID an account of the services referred to and requested by the

victim for all reported sexual assault incidents, from medical treatment through counseling, and

from the time of the initial report of a sexual assault through the final case disposition or until the

victim no longer desires services. Should the victim return to the SARC or SAPR VA and

request SAPR services after indicating that he or she no longer desired services, the case will be

reopened and addressed at the CMG meeting.

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when there is no signed DD 2910 (e.g., an independent investigation or third-party report, or

when a civilian victim alleged sexual assault with a Service member subject) to comply with

section 563(d) of Reference (j) and to ensure system accountability.

(23) Provide information to assist installation commanders to manage trends and

characteristics of sexual assault crimes at the Military Service-level and mitigate the risk factors

that may be present within the associated environment (e.g., the necessity for better lighting in

the showers or latrines and in the surrounding area).

(24) Participate in the CMG to review individual cases of Unrestricted Reports of sexual

assault.

(a) The installation SARC shall serve as the co-chair of the CMG. This

responsibility is not delegable. If an installation has multiple SARCs on the installation, a Lead

SARC shall be designated by the Service concerned, and shall serve as the co-chair.

(b) Other SARCs and SAPR VAs shall actively participate in each CMG meeting by

presenting oral updates on their assigned sexual assault victim cases, providing recommendations

and, if needed, seeking assistance from the chair or victim’s commander.

(25) Familiarize the unit commanders and supervisors of SAPR VAs with the SAPR VA

roles and responsibilities, to include the “Supervisor and Commander Statement of

Understanding” section in the DD Form 2950, “Department of Defense Sexual Assault Advocate

Certification Program (D-SAACP) Application Packet for New Applicants.” The DD Form

2950 is located at the DoD Forms Management Program website at

http://www.dtic.mil/whs/directives/infomgt/forms/index.htm.

(26) Offer victims the opportunity to participate in surveys asking for victim feedback on

the reporting experience. Inform victims regarding what the survey will ask them and uses of the

data collected.

2. SAPR VA PROCEDURES

a. The SAPR VA shall:

(1) Comply with DoD Sexual Assault Advocate Certification requirements in D-SAACP.

(2) Be trained in and understand the confidentiality requirements of Restricted Reporting

and MRE 514. Training must include exceptions to Restricted Reporting and MRE 514.

(3) Facilitate care and provide referrals and non-clinical support to the adult victim of a

sexual assault. Provide a response consistent with requirements for the SARC response in this

Instruction.

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(a) Support will include providing information on available options and resources so

the victim can make informed decisions about his or her case.

(b) The SAPR VA will be directly accountable to the SARC in adult sexual assault

cases (not under the FAP jurisdiction) and shall provide victim advocacy for adult victims of

sexual assault.

(4) Acknowledge their understanding of their advocacy roles and responsibilities by

reviewing the DD Form 2950.

b. At the Military Service’s discretion, victim advocacy may be provided by a Service

member or DoD civilian employee. Personnel responsible for providing victim advocacy shall:

(1) Be notified and immediately respond upon receipt of a report of sexual assault.

(2) Provide coordination and encourage victim service referrals and ongoing, non-

clinical support to the victim of a reported sexual assault and facilitate care in accordance with

the Sexual Assault Response Protocols prescribed SAPR Policy Toolkit located on

www.sapr.mil. Assist the victim in navigating those processes required to obtain care and

services needed. It is neither the SAPR VA’s role nor responsibility to be the victim’s mental

health provider or to act as an investigator.

(3) Report directly to the SARC while carrying out sexual assault advocacy

responsibilities.

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ENCLOSURE 7

HEALTHCARE PROVIDER PROCEDURES

This enclosure provides guidance on medical management of victims of sexual assault to ensure

standardized, timely, accessible, and comprehensive healthcare for victims of sexual assault, to

include the ability to elect a SAFE Kit. This policy is applicable to all MHS personnel who

provide or coordinate medical care for victims of sexual assault covered by this Instruction.

a. Standardized Medical Care. To ensure standardized healthcare, the Surgeons General of

the Military Departments shall:

(1) Require the recommendations for conducting forensic exams of adult sexual assault

victims in Reference (aj) be used to establish minimum standards for healthcare intervention for

victims of sexual assault. Training for sexual assault medical forensic examiners and healthcare

providers shall be provided to maintain optimal readiness in accordance with Enclosure 10 of

this Instruction and section 539 of Reference (p).

(2) Require that a SARC is immediately notified when a victim discloses a sexual assault

so that the SARC can inform the victim of both reporting options (Restricted and Unrestricted)

and all available services (e.g., SVC/VLC, Expedited Transfers, Military Protective Orders,

document retention mandates). The victim can then make an informed decision as to which

reporting option to elect and which services to request (or none at all). The victim is able to

decline services in whole or in part at any time.

(3) Require the assignment of at least one full-time sexual assault medical forensic

examiner to each MTF that has an emergency department that operates 24 hours per day.

Additional sexual assault medical forensic examiners may be assigned based on the

demographics of the patients who utilize the MTF.

(4) In cases of MTFs that do not have an emergency department that operates 24 hours

per day, require that a sexual assault forensic medical examiner be made available to a patient of

the facility consistent with the Department of Justice National Protocol for Sexual Assault

Medical Forensic Examinations, Adult/Adolescent, through an MOU or MOA with local private

or public sector entities and consistent with Reference (aj), when a determination is made

regarding the patient’s need for the services of a sexual assault medical forensic examiner.

(a) The MOU or MOA will require that a SARC be notified and that SAFE Kits be

collected in accordance with Enclosure 8 of this Instruction.

(b) When the forensic examination is conducted at a civilian facility through an

MOU or an MOA with the DoD, the requirements for the handling of the forensic kit will be

explicitly addressed in the MOU or MOA. The MOU or MOA with the civilian facility will

address the processes for contacting the SARC and for contacting the appropriate DoD agency

responsible for accepting custody of the forensic kit.

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(5) Require that MTFs that provide SAFEs for Service members or TRICARE eligible

beneficiaries through an MOU or MOA with private or public sector entities verify initially and

periodically that those entities meet or exceed standards of the recommendations for conducting

forensic exams of adult sexual victims in Reference (aj). In addition, verify that as part of the

MOU or MOA, a SARC or SAPR VA is notified and responds and meets with the victim in a

timely manner.

(6) Require that medical providers providing healthcare to victims of sexual assault in

remote areas or while deployed have access to the current version of Reference (aj) for

conducting forensic exams.

(7) Implement procedures to provide the victim information regarding the availability of

a SAFE Kit, which the victim has the option of refusing. If performed in the MTF, the

healthcare provider shall use a SAFE Kit and the most current edition of the DD Form 2911.

(8) Require that the SARC be notified of all incidents of sexual assault in accordance

with sexual assault reporting procedures in Enclosure 4 of this Instruction.

(9) Require processes be established to support coordination between healthcare

personnel and the SARC and SAPR VA. If a victim initially seeks assistance at a medical

facility, SARC notification must not delay emergency care treatment of a victim.

(10) Require that care provided to sexual assault victims shall be gender-responsive,

culturally competent, and recovery-oriented. Healthcare providers providing treatment to sexual

assault victims shall recognize the high prevalence of pre-existing trauma (prior to present sexual

assault incident) and the concept of trauma-informed care.

(11) If the healthcare provider is not appropriately trained to conduct a SAFE, require

that he or she arrange for a properly trained DoD healthcare provider to do so, if available.

(a) In the absence of a properly trained DoD healthcare provider, the victim shall be

offered the option to be transported to a non-DoD healthcare provider for the SAFE Kit, if the

victim wants a forensic exam. Victims who are not beneficiaries of the Military Healthcare

System shall be advised that they can obtain a SAFE Kit through a local civilian healthcare

provider at no cost to them in accordance with Violence Against Women Act as explained in

Reference (aj).

(b) When a SAFE is performed at local civilian medical facilities, those facilities are

bound by State and local laws, which may require reporting the sexual assault to civilian law

enforcement.

include psychotherapists and other personnel listed in MRE 513 (Reference (w)), shall

immediately call a SARC or SAPR VA, to assure that a victim is offered SAPR services and so

that a DD Form 2910 can be completed.

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(12) Require that SAFE evidence collection procedures are the same for a Restricted and

an Unrestricted Report of sexual assault, with the exception of the special requirements to

safeguard PII in Restricted SAFE Kits in Enclosure 8 of this Instruction.

(a) Upon completion of the SAFE and securing of the evidence, the healthcare

provider will turn over the material to the appropriate Military Service-designated law

enforcement agency or MCIO as determined by the selected reporting option.

(b) Upon completion of the SAFE, the sexual assault victim shall be provided with a

hard copy of the completed DD Form 2911. Advise the victim to keep the copy of the DD Form

2911 in his or her personal permanent records as this form may be used by the victim in other

matters before other agencies (e.g., Department of Veterans Affairs) or for any other lawful

purpose.

(13) Publicize availability of healthcare (to include mental health), and referral services

for alleged offenders who are also active duty Service members. Such care will be administered

in a way to respect and preserve the rights of the victim and the accused, and the physical safety

of both.

(14) Require that the healthcare provider, in the course of preparing a SAFE Kit for

Restricted Reports of sexual assault:

(a) Contact the designated installation official, usually the SARC, who shall generate

an alpha-numeric RRCN, unique to each incident. The RRCN shall be used in lieu of PII to label

and identify evidence collected from a SAFE Kit (e.g., accompanying documentation, personal

effects, and clothing). The SARC shall provide (or the SARC will designate the SAPR VA to

provide) the healthcare provider with the RRCN to use in place of PII.

(b) Upon completion of the SAFE package, seal, and completely label the evidence

container(s) with the RRCN and notify the Military Service-designated law enforcement agency

or MCIO.

(15) Require that healthcare personnel maintain the confidentiality of a Restricted Report

to include communications with the victim, the SAFE, and the contents of the SAFE Kit, unless

an exception to Restricted Reporting applies in accordance with Enclosure 4. Healthcare

personnel who make an unauthorized disclosure of a confidential communication are subject to

disciplinary action and that unauthorized disclosure has no impact on the status of the Restricted

Report; all Restricted Reporting information remains confidential and protected. Improper

disclosure of confidential communications under Restricted Reporting, improper release of

medical information, and other violations of this guidance are prohibited and may result in

discipline pursuant to the UCMJ or State statute, loss of privileges, or other adverse personnel or

administrative actions.

(16) Require that psychotherapy and counseling records and clinical notes pertaining to

sexual assault victims contain only information that is required for diagnosis and treatment. Any

record of an account of a sexual assault incident created as part of a psychotherapy exercise will

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remain the property of the patient making the disclosure and should not be retained within the

psychotherapist’s record.

b. Selection, Training, and Certification. For the selection, training, and certification of

healthcare providers performing SAFEs in MTFs, refer to standards in Enclosure 10 of this

Instruction.

c. Timely Medical Care. To comply with the requirement to provide timely medical care,

the Surgeons General of the Military Departments shall:

(1) Implement processes or procedures giving victims of sexual assault priority as

emergency cases.

(2) Provide sexual assault victims with priority treatment as emergency cases, regardless

of evidence of physical injury, recognizing that every minute a patient spends waiting to be

examined may cause loss of evidence and undue trauma. Priority treatment as emergency cases

includes activities relating to access to healthcare, coding, and medical transfer or evacuation,

and complete physical assessment, examination, and treatment of injuries, including immediate

emergency interventions.

d. Comprehensive Medical Care. To comply with the requirement to provide

comprehensive medical care, the Surgeons General of the Military Departments shall:

(1) Establish processes and procedures to coordinate timely access to emergency, follow-

up, and specialty care that may be provided in the direct or civilian purchased care sectors for

eligible beneficiaries of the Military Health System.

(2) Evaluate and implement, to the extent feasible, processes linking the medical

management of the sexually assaulted patient to the primary care manager. To locate his or her

primary care manager, a beneficiary may go to beneficiary web enrollment at

https://www.hnfs.com/content/hnfs/home/tn/bene/res/faqs/beneficiary/enrollment_eligibility/who

_pcm.html.

e. Clinically Stable. Require the healthcare provider to consult with the victim, once

clinically stable, regarding further healthcare options to the extent eligible, which shall include,

but are not limited to:

(1) Testing, prophylactic treatment options, and follow-up care for possible exposure to

human immunodeficiency virus (HIV) and other sexually transmitted diseases or infections

(STD/I).

(2) Assessment of the risk of pregnancy, options for emergency contraception, and any

follow-up care and referral services to the extent authorized by law.

(3) Assessment of the need for behavioral health services and provisions for a referral, if

necessary or requested by the victim.

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f. Other Responsibilities

(1) The Surgeons General of the Military Departments shall:

(a) Identify a primary office to represent their Department in Military Service

coordination of issues pertaining to medical management of victims of sexual assault.

(b) Assign a healthcare provider at each MTF as the primary point of contact

concerning DoD and Military Service SAPR policy and for updates in sexual assault care.

(2) The Combatant Commanders shall:

(a) Require that victims of sexual assault are given priority treatment as emergency

cases in deployed locations within their area of responsibility and are transported to an

appropriate evaluation site, evaluated, treated for injuries (if any), and offered SAPR VA

assistance and a SAFE as quickly as possible.

(b) Require that U.S. theater hospital facilities (Level 3, NATO role 3) (See

Glossary) have appropriate capability to provide experienced and trained SARC and SAPR VA

services and SAFE providers, and that victims of sexual assault, regardless of reporting status,

are medically evacuated to such facilities as soon as possible (within operational needs) of

making a report, consistent with operational needs.

(3) In accordance with DoDD 5136.13 (Reference (ay)), the Director, Defense Health

Agency (DHA), will:

(a) Ensure that this policy is implemented in the National Capital Region.

(b) Identify a primary office to represent the National Capital Region in Military

Service coordination of issues pertaining to medical management of victims of sexual assault.

primary point of contact concerning DoD and Military Service SAPR policy and for updates in

sexual assault care.

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ENCLOSURE 8

SAFE KIT COLLECTION AND PRESERVATION

For the purposes of the SAPR Program, forensic evidence collection and document and evidence

retention shall be completed in accordance with this enclosure pursuant to Reference (c), taking

into account the medical condition, needs, requests, and desires of each sexual assault victim

covered by this Instruction.

a. Medical services offered to eligible victims of sexual assault include the ability to elect a

SAFE in addition to the general medical management related to sexual assault response, to

include medical services and mental healthcare. The SAFE of a sexual assault victim should be

conducted by a healthcare provider who has been trained and certified in the collection of

forensic evidence and treatment of these victims as specified in paragraph 7.d. in Enclosure 10 of

this Instruction. The forensic component includes gathering information in DD Form 2911 from

the victim for the medical forensic history, an examination, documentation of biological and

physical findings, collection of evidence from the victim, and follow-up as needed to document

additional evidence.

b. The process for collecting and preserving sexual assault evidence for the Restricted

Reporting option is the same as the Unrestricted Reporting option, except that the Restricted

Reporting option does not trigger the official investigative process, and any evidence collected

has to be placed inside the SAFE Kit, which is marked with the RRCN in the location where the

victim’s name would have otherwise been written. The victim’s SAFE and accompanying Kit is

treated as a confidential communication under this reporting option. The healthcare provider

shall encourage the victim to obtain referrals for additional medical, psychological, chaplain,

victim advocacy, or other SAPR services, as needed. The victim shall be informed that the

SARC will assist them in accessing SAPR services.

c. In situations where installations do not have a SAFE capability, the installation

commander will require that the eligible victim, who wishes to have a SAFE, be transported to a

MTF or local off-base, non-military facility that has a SAFE capability. Local sexual assault

medical forensic examiners or other healthcare providers who are trained and certified as

specified in paragraph 7.d. of Enclosure 10 of this Instruction to perform a SAFE may also be

contracted to report to the MTF to conduct the examination.

d. The SARC or SAPR VA shall inform the victim of any local or State sexual assault

reporting requirements that may limit the possibility of Restricted Reporting before proceeding

with the SAFE.

e. Upon completion of the SAFE in an Unrestricted Reporting case, the healthcare provider

shall package, seal, and label the evidence container(s) with the victim’s name and notify the

MCIO. The SAFE Kit will be retained for 5 years in accordance with section 586 of Reference

(m). When the forensic examination is conducted at a civilian facility through an MOU or an

MOA with the DoD, the requirement for the handling of the forensic kit will be explicitly

DoDI 6495.02, March 28, 2013

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addressed in the MOU or MOA. The MOU or MOA with the civilian facility will address the

processes for contacting the SARC and for contacting the appropriate DoD agency responsible

for accepting custody of the forensic kit. Personal property retained as evidence collected in

association with a sexual assault investigation may be returned to the rightful owner of such

property after the conclusion of all legal, adverse action and administrative proceedings related

to such incidents in accordance with section 538 of Reference (p).

(1) The DoD law enforcement or MCIO representative shall be trained and capable of

collecting and preserving evidence to assume custody of the evidence using established chain of

custody procedures, consistent with the guidelines published under the authority and oversight of

the DoD IG.

(2) MOUs and MOAs, with off-base, non-military facilities for the purposes of providing

medical care to eligible victims of sexual assault covered under this Instruction, shall include

instructions for the notification of a SARC (regardless of whether a Restricted or Unrestricted

Report of sexual assault is involved), and procedures for the receipt of evidence and disposition

of evidence back to the DoD law enforcement agency or MCIO.

f. Upon completion of the SAFE in a Restricted Reporting case, the healthcare provider shall

package, seal, and label the evidence container(s) with the RRCN and store it in accordance with

Service regulations. The SAFE Kit will be retained for 5 years in a location designated by the

Military Service concerned. When the forensic examination is conducted at a civilian facility

through an MOU or an MOA with the DoD, the requirement for the handling of the forensic kit

will be explicitly addressed in the MOU or MOA. The MOU or MOA with the civilian facility

will address the processes for contacting the SARC and for contacting the appropriate DoD

agency responsible for accepting custody of the forensic kit. The 5-year time frame will start

from the date the victim signs the DD Form 2910, but if there is no DD Form 2910, the

timeframe will start from the date the SAFE Kit is completed.

(1) The DoD law enforcement or MCIO representative shall be trained and capable of

collecting and preserving evidence to assume custody of the evidence using established chain of

custody procedures, consistent with the guidelines published under the authority and oversight of

the DoD IG. MOUs and MOAs, with off-base, non-military facilities for the purpose of

providing medical care to eligible victims of sexual assault covered under this Instruction, shall

include instructions for the notification of a SARC (regardless of whether a Restricted or

Unrestricted Report of sexual assault is involved), procedures for the receipt of evidence, how to

request an RRCN, instructions on where to write the RRCN on the SAFE Kit, and disposition of

evidence back to the DoD law enforcement agency or MCIO.

(2) Any evidence and the SAFE Kit in Restricted Reporting cases shall be stored for 5

years from the date of the victim’s Restricted Report of the sexual assault, thus allowing victims

additional time to accommodate, for example, multiple deployments or deployments exceeding

12 months.

(a) The SARC will contact the victim at the 1-year mark of the report to inquire

whether the victim wishes to change his or her reporting option to Unrestricted.

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1. If the victim does not change to Unrestricted Reporting, the SARC will explain

to the victim that the SAFE Kit will be retained for a total of 5 years from the time the victim

signed the DD Form 2910 (electing the Restricted Report) and will then be destroyed. The DD

Forms 2910 and 2911 will be retained for 50 years in a manner that protects confidentiality. The

SARC will emphasize to the victim that his or her privacy will be respected and he or she will

not be contacted again by the SARC. The SARC will stress it is the victim’s responsibility from

that point forward, if the victim wishes to change from a Restricted to an Unrestricted Report, to

affirmatively contact a SARC before the 5-year SAFE Kit retention period elapses.

2. The victim will be advised again to keep a copy of the DD Form 2910 and the

DD Form 2911 in his or her personal permanent records as these forms may be used by the

victim in other matters with other agencies (e.g., Department of Veterans Affairs) or for any

other lawful purpose.

3. If the victim needs another copy of either of these forms, he or she can request

it at this point and the SARC shall assist the victim in accessing the requested copies within 7

business days. The SARC will document this request in the DD Form 2910.

(b) At least 30 days before the expiration of the 5-year SAFE Kit storage period, the

DoD law enforcement or MCIO shall notify the installation SARC that the storage period is

about to expire and confirm with the SARC that the victim has not made a request to change to

Unrestricted Reporting or made a request for any personal effects.

1. If there has been no change, then at the expiration of the storage period in

compliance with established procedures for the destruction of evidence, the designated activity,

generally the DoD law enforcement agency or MCIO, may destroy the evidence maintained

under that victim’s RRCN.

2. If, before the expiration of the 5-year SAFE Kit storage period, a victim

changes his or her reporting preference to the Unrestricted Reporting option, the SARC shall

notify the respective MCIO, which shall then assume custody of the evidence maintained by the

RRCN from the DoD law enforcement agency or MCIO, pursuant to established chain of

custody procedures. MCIO established procedures for documenting, maintaining, and storing

the evidence shall thereafter be followed.

a. The DoD law enforcement agency, which will receive forensic evidence

from the healthcare provider if not already in custody, and label and store such evidence shall be

designated.

b. The designated DoD law enforcement agency must be trained and capable

of collecting and preserving evidence in Restricted Reports prior to assuming custody of the

evidence using established chain of custody procedures.

storage period for Restricted Reporting is reached or a victim changes to Unrestricted Reporting.

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ENCLOSURE 9

CASE MANAGEMENT FOR UNRESTRICTED REPORTS OF SEXUAL ASSAULT

1. GENERAL

a. CMG oversight for Unrestricted Reports of adult sexual assaults is triggered by open cases

in DSAID initiated by a DD Form 2910 or an investigation initiated by an MCIO. In a case

where there is an investigation initiated by an MCIO, but no corresponding Unrestricted DD

Form 2910:

(1) The SARC would have no information for the CMG members. During the CMG, the

MCIO would provide case management information to the CMG including the SARC.

(2) The SARC would open a case in DSAID indicating the case status as “Open with

Limited Information.” The SARC will only use information from the MCIO to initiate an “Open

with Limited Information” case in DSAID. In the event that there was a Restricted Report filed

prior to the independent investigation, the SARC will not use any information provided by the

victim, since that information is confidential.

b. The installation commander or the deputy installation commander shall chair the CMG on

a monthly basis to review individual cases, facilitate monthly victim updates, and direct system

coordination, accountability, entry of disposition and victim access to quality services. This

responsibility will not be delegated. If there are no cases in a given month, the CMG will still

meet to ensure training, processes, and procedures are complete for the system coordination.

c. The installation SARC shall serve as the co-chair of the CMG. This responsibility shall

not be delegated. Only a SARC who is a Service member or DoD civilian employee may co-

chair the multi-disciplinary CMG.

d. Required CMG members shall include: victim’s immediate commander; all SARCs

assigned to the installation (mandatory attendance regardless of whether they have an assigned

victim being discussed); victims’ SAPR VA, MCIO, and DoD law enforcement representatives

who have detailed knowledge of the case; victims’ healthcare provider or mental health and

counseling services provider; chaplain, legal representative, or SJA; installation personnel

trained to do a safety assessment of current sexual assault victims; victim’s VWAP

representative (or civilian victim witness liaison, if available), or SVC/VLC. MCIO, DoD law

enforcement, and the legal representative or SJA shall provide case dispositions. The CMG chair

will ensure that the appropriate principal is available. The responsibility for CMG members to

attend CMG meetings will not be delegated. Additional persons may be invited to CMG

meetings at the discretion of the chair if those persons have an official need to know, with the

understanding that maintaining victim privacy is essential.

e. If the installation is a joint base or if the installation has tenant commands, the commander

of the tenant organization and the designated Lead SARC shall be invited to the CMG meetings.

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The commander of the tenant organization shall provide appropriate information to the host

commander, to enable the host commander to provide the necessary supporting services.

f. CMG members shall receive the mandatory SAPR training pursuant to Enclosure 10 of

this Instruction.

g. Service Secretaries shall issue guidance to ensure that equivalent standards are met for

case oversight by CMGs in situations where SARCs are not installation-based but instead work

within operational and/or deployable organizations.

2. PROCEDURES

a. The CMG members shall carefully consider and implement immediate, short-term, and

long-term measures to help facilitate and assure the victim’s well-being and recovery from the

sexual assault. They will closely monitor the victim’s progress and recovery and strive to protect

the victim’s privacy, ensuring only those with an official need to know have the victim’s name

and related details. Consequently, where possible, each case shall be reviewed independently

bringing in only those personnel associated with the case, as well as the CMG chair and co-chair.

b. The CMG chair shall:

(1) Ensure that commander(s) of the Service member(s), who is a subject of a sexual

assault allegation, provide in writing all disposition data, to include any administrative or judicial

action taken, stemming from the sexual assault investigation to the MCIO. Information provided

by commanders is used to meet the Department’s requirements for the submission of criminal

history data to the Criminal Justice Information System, Federal Bureau of Investigation; and to

record the disposition of offenders into DSAID.

(2) Require effective and timely coordination and collaboration among CMG members.

At each CMG meeting:

(a) Confirm that the MCIO assigned to an adult sexual assault investigation has

notified the SARC as soon as possible, after the investigation is initiated in accordance with

Reference (w).

(b) Confirm that all Unrestricted Reports, initiated by a DD Form 2910 or an

investigation initiated by an MCIO, are entered into DSAID within 48 hours of the DD Form

2910 being signed by the victim.

cases to MCIOs. Confirm that the installation commander’s or his/her designated legal officer is

providing the SARC the required information for the SARC to enter the final case disposition in

DSAID.

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(d) Confirm that members of the SVIP are collaborating with local SARCs and

SAPR VAs during all stages of the investigative and military justice process to ensure an

integrated capability, to the greatest extent possible, in accordance with References (ap) and (ak).

(e) Confirm that the SARCs and SAPR VAs have what they need to provide an

effective SAPR response to victims.

(3) Require that case dispositions to include cases disposed of by nonjudicial

proceedings are communicated to the sexual assault victim, to the extent authorized by law,

within 2 business days of the final disposition decision. The CMG chair will require that the

appropriate paperwork (pursuant to Service regulation) is submitted for each case disposition

within 24 hours, which shall be inputted into DSAID by the designated officials.

(4) Monitor and require immediate transfer of sexual assault victim information between

SARCs and SAPR VAs, in the event of the SARC’s or SAPR VA’s change of duty station, to

ensure continuity of SAPR services for victims.

(5) Require that the SARCs and SAPR VAs actively participate in each CMG meeting

by presenting oral updates (without disclosing protected communications and victim

confidentiality), providing recommendations and, if needed, the SARC or the SAPR VA shall

affirmatively seek assistance from the chair or victim’s commander.

(6) Require an update of the status of each Expedited Transfer request and MPO.

(7) If the victim has informed the SARC of an existing CPO, the chair shall require the

SARC to inform the CMG of the existence of the CPO and its requirements.

(8) After protective order documentation is presented at the CMG from the SARC or the

SAPR VA, the DoD law enforcement agents at the CMG will document the information

provided in their investigative case file, to include documentation for Reserve Component

personnel in title 10 status.

c. The CMG Co-chair shall:

(1) Confirm that all reported sexual assaults are entered into DSAID within 48 hours of

the report of sexual assault. In deployed locations, such as areas of combat that have internet

connectivity issues, the time frame is extended to 96 hours.

(2) Confirm that only the SARC is inputting information into DSAID.

(3) Keep minutes of the monthly meetings to include those in attendance and issues

discussed. CMG participants are only authorized to share case information with those who have

an official need to know.

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d. For each victim, the assigned SARC and SAPR VA will confirm at the CMG that the

victim has been informed of their SAPR services to include counseling, medical, and legal

resources without violating victim confidentiality.

e. For each victim, each CMG member who is involved with and working on a specific case

will provide an oral update without violating victim confidentiality or disclosing privileged

communications.

f. For each victim, the victim’s commander will confirm at the CMG that the victim has

received a monthly update from the victim’s commander of her/his case within 72 hours of the

last CMG, to assure timely victim updates. The victim’s commander cannot delegate this

responsibility.

g. If a victim transfers from the installation, then the processes in Table 2 in Enclosure 5 will

apply as appropriate.

h. On a joint base or if the installation has tenant commands:

(1) The CMG membership will explore the feasibility of joint use of existing SAPR

resources, to include rotating on-call status of SARCs and SAPR VAs. Evaluate the

effectiveness of communication among SARCs, SAPR VAs, and first responders.

(2) The CMG chair will request an analysis of data to determine trends and patterns of

sexual assaults and share this information with the commanders on the joint base or the tenant

commands. The CMG membership will be briefed on that trend data.

i. At every CMG meeting, the CMG Chair will ask the CMG members if the victim, victim’s

family members, witnesses, bystanders (who intervened), SARCs and SAPR VAs, responders, or

other parties to the incident have experienced any incidents of retaliation, reprisal, ostracism, or

maltreatment. If any allegations are reported, the CMG Chair will forward the information to the

proper authority or authorities (e.g., MCIO, Inspector General, MEO). Discretion may be

exercised in disclosing allegations of retaliation, reprisal, ostracism, or maltreatment when such

allegations involve parties to the CMG. Retaliation, reprisal, ostracism, or maltreatment

allegations involving the victim, SARCs, and SAPR VAs will remain on the CMG agenda for

status updates, until the victim’s case is closed or until the allegation has been appropriately

addressed.

j. The CMG chair will confirm that each victim receives a safety assessment as soon as

possible. There will be a safety assessment capability. The CMG chair will identify installation

personnel who have been trained and are able to perform a safety assessment of each sexual

assault victim.

(1) The CMG chair will require designated installation personnel, who have been trained

and are able to perform a safety assessment of each sexual assault victim, to become part of the

CMG and attend every monthly meeting.

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(2) The CMG chair will request a safety assessment by trained personnel of each sexual

assault victim at each CMG meeting, to include a discussion of expedited military transfers or

MPOs, if needed.

(a) The CMG co-chair will confirm that the victims are advised that MPOs are not

enforceable off-base by civilian law enforcement.

(b) If applicable, the CMG chair will confirm that both the alleged offender and the

victim have a hard copy of the MPO.

(3) The CMG chair will immediately stand up a multi-disciplinary High-Risk Response

Team if a victim is assessed to be in a high-risk situation. The purpose and the responsibility of

the High-Risk Response Team is to continually monitor the victim’s safety, by assessing danger

and developing a plan to manage the situation.

(a) The High-Risk Response Team (HRRT) shall be chaired by the victim’s

immediate commander and, at a minimum, include the alleged offender’s immediate

commander; the victim’s SARC and SAPR VA; the MCIO, the judge advocate, and the VWAP

assigned to the case, victim’s healthcare provider or mental health and counseling services

provider; and the personnel who conducted the safety assessment. The responsibility of the

HRRT members to attend the HRRT meetings and actively participate in them will not be

delegated.

(b) The High-Risk Response Team shall make their first report to the installation

commander, CMG chair, and CMG co-chair within 24 hours of being activated. A briefing

schedule for the CMG chair and co-chair will be determined, but briefings shall occur at least

once a week while the victim is on high-risk status.

limited to evaluating:

1. Victim’s safety concerns.

2. Alleged offender’s access to the victim or whether the alleged offender is

stalking or has stalked the victim.

3. Previous or existing relationship or friendship between the victim and the

alleged offender, or the alleged offender and the victim’s spouse, or victim’s dependents. The

existence of children in common. The sharing (or prior sharing) of a common domicile.

4. Whether the alleged offender (or the alleged offender’s friends or family

members) has destroyed victim’s property; threatened or attacked the victim; or threatened,

attempted, or has a plan to harm or kill the victim or the victim’s family members; or intimidated

the victim to withdraw participation in the investigation or prosecution.

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5. Whether the alleged offender has threatened, attempted, or has a plan to

commit suicide.

6. Whether the alleged offender has used a weapon, threatened to use a weapon,

or has access to a weapon that may be used against the victim.

7. Whether the victim has sustained serious injury during the sexual assault

incident.

8. Whether the alleged offender has a history of law enforcement involvement

regarding domestic abuse, assault, or other criminal behavior.

9. Whether the victim has a civilian protective order or command has an MPO

against the alleged offender, or there has been a violation of a civilian protective order or MPO

by the alleged offender.

10. History of drug or alcohol abuse by either the victim or the alleged offender.

11. Whether the alleged offender exhibits erratic or obsessive behavior, rage,

agitation, or instability.

12. Whether the alleged offender is a flight risk.

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ENCLOSURE 10

TRAINING REQUIREMENTS FOR DOD PERSONNEL

1. MANAGEMENT OF TRAINING REQUIREMENTS

a. Commanders, supervisors, and managers at all levels shall be responsible for the effective

implementation of the SAPR program.

b. Military and DoD civilian officials at each management level shall advocate a robust

SAPR program and provide education and training that shall enable them to prevent and

appropriately respond to incidents of sexual assault.

c. Data shall be collected according to the annual reporting requirements in accordance with

Reference (l) and explained in Enclosure 12 of this Instruction.

2. GENERAL TRAINING REQUIREMENTS

a. The Secretaries of the Military Departments and the Chief, NGB, shall direct the

execution of the training requirements in this enclosure to individually address SAPR prevention

and response in accordance with Enclosure 2 of this Instruction. These SAPR training

requirements shall apply to all Service members and DoD civilian personnel who supervise

Service members and should be provided by subject matter experts in those practice areas.

These training requirements must align with current SAPR core competencies and learning

objectives.

(1) The Secretaries and the Chief, NGB, shall develop dedicated SAPR training to ensure

comprehensive knowledge of the training requirements.

(2) The SAPR training, at a minimum, shall incorporate adult learning theory, which

includes interaction and group participation.

(3) Upon request, the Secretaries and the Chief, NGB, shall submit a copy of SAPR

training programs or SAPR training elements to the USD(P&R) through SAPRO for evaluation

of consistency and compliance with DoD SAPR training standards in this Instruction. The

Military Departments will correct USD(P&R) identified DoD SAPR policy and training

standards discrepancies.

b. Commanders and managers responsible for training shall require that all personnel (i.e.,

all Service members, DoD civilian personnel who supervise Service members, and other

personnel as directed by the USD(P&R)) are trained and that completion of training data is

annotated. Commanders for accession training will ensure all new accessions are trained and

that completion of training data is annotated.

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c. If responsible for facilitating the training of civilians supervising Service members, the

unit commander or civilian director shall require all SAPR training requirements in this

enclosure are met. The unit commander or civilian equivalent shall be accountable for requiring

data collection regarding the training.

d. The required subject matter for the training shall be appropriate to the Service member’s

grade and commensurate with their level of responsibility, and will include:

(1) Defining what constitutes sexual assault. Utilizing the term “sexual assault” as

defined in Reference (c).

(2) Explaining why sexual assaults are crimes.

(3) Defining the meaning of “consent” as defined in Reference (c).

(4) Explaining offender accountability and UCMJ violations.

(5) Explaining updates to military justice that impact victims, to include:

(a) The codification and enhancement of victims’ rights in the military.

(b) Changes in Articles 32 and 60 of the UCMJ (sections 832 and 860 of Reference

(d)) and their impact on victims.

(d) Minimum mandatory sentence of dismissal or dishonorable discharge for persons

found guilty in a general court-martial of: rape under Article 120(a); sexual assault under Article

120(b); forcible sodomy under Article 125; or an attempt to commit these offenses under Article

80 of the UCMJ (sections 920(a), 920(b), 925, or 880 of Reference (d)).

(e) That defense counsel has to make the request to interview the victim through the

SVC/VLC or other counsel for the victim, if the victim is represented by counsel. In addition,

the victim has the right to be accompanied to the interview by the SARC, SAPR VA, SVC/VLC,

or counsel for the government.

(f) That the victim has the right to submit matters for consideration by the convening

authority during the clemency phase of the court-martial process, and the convening authority

will not consider the victim’s character as a factor in making his or her determination unless such

matters were presented at trial and not excluded at trial.

(g) Service regulations requiring inclusion of sex-related offenses in personnel

records and mandating commanders to review personnel records of incoming Service members

for these notations.

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(h) Establishing a process to ensure consultation with a victim of an alleged sex-

related offense that occurs in the United States to solicit the victim’s preference regarding

whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction

over the offense.

(6) Explaining the distinction between sexual harassment and sexual assault and that

both are unacceptable forms of behavior even though they may have different penalties.

Emphasizing the distinction between civil and criminal actions.

(7) Explaining available reporting options (Restricted and Unrestricted), the advantages

and limitations of each option, the effect of independent investigations on Restricted Reports

(See paragraph 2.f. of Enclosure 4 of this Instruction) and explaining MRE 514.

(8) Providing an awareness of the SAPR program (DoD and Service) and command

personnel roles and responsibilities, including all available resources for victims on and off base.

Explaining that Military OneSource (see Glossary) has a mandatory reporting requirement.

(9) Identifying prevention strategies and behaviors that may reduce sexual assault,

including bystander intervention, risk reduction, and obtaining affirmative consent. Identifying

strategies to safely intervene and to guard against retaliation, reprisal, ostracism, or maltreatment

because of that intervention.

(10) Discussing process change to ensure that all sexual assault response services are

gender-responsive, culturally-competent, and recovery-oriented.

(11) Discussing Expedited Transfers and MPO procedures.

(12) Providing information to victims when the alleged perpetrator is the commander or

in the victim’s chain of command, to go outside the chain of command to report the offense to

other commanding officers or an Inspector General. Victims shall be informed that they can also

seek assistance from SVC/VLC, a legal assistance attorney, or the DoD Safe Helpline.

(13) Discussing 50-year document retention for sexual assault documents (DD Forms

2910 and 2911), to include retention of investigative records. Explaining why it is recommended

that sexual assault victims retain sexual assault records for potential use in VA benefits

applications. Explain that the SAFE Kit is retained for 5 years in a Restricted Report cases to

allow victims the opportunity to change their minds and convert to Unrestricted. Explain that the

SAFE Kit is retained for 5 years in Unrestricted Report cases.

(14) Explaining the eligibility for SVC/VLC for individuals who make Restricted or

Unrestricted Reports of sexual assault, and the types of legal assistance authorized to be provided

to the sexual assault victim. Explaining that the nature of the relationship between an SVC/VLC

and a victim in the provision of legal advice and assistance will be the relationship between an

attorney and client.

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(15) Explaining what constitutes retaliation, reprisal, coercion, ostracism, and

maltreatment in accordance with Service regulations and Military Whistleblower Protections and

procedures for reporting allegations of reprisal.

(a) Explaining what is the appropriate, professional response by peers to a victim and

an alleged offender when a sexual assault is reported in a unit. Using scenarios to facilitate

discussion of appropriate behavior, to include discussing potential resentment of peers for

victims, bystanders, or witnesses who report a sexual assault. Explaining that incidents of

retaliation, reprisal, ostracism, and maltreatment violate good order and discipline, erode unit

cohesion, and deter reporting of sexual assault incidents.

(b) Explaining that all personnel in the victim’s chain of command, officer and

enlisted, when they become aware of allegations of retaliation, reprisal, ostracism, or

maltreatment, are required to take appropriate measures to protect the victim, including

information regarding how to prevent retaliation, reprisal, ostracism, and maltreatment in a unit

after a report of sexual assault.

(16) Explaining Service regulations that protect Service member victims of sexual

assault and/or their dependents from retaliation, reprisal, ostracism, and maltreatment. If the

allegation is an act that is criminal in nature and the victim filed an Unrestricted Report, the

allegation should immediately be reported to an MCIO. Explaining that victims can seek

assistance on how to report allegations by requesting assistance from:

(a) A SARC, SAPR VA, or SVC/VLC.

(b) A SARC in different installation, which can be facilitated by Safe Helpline.

(d) A commander OUTSIDE their chain of command.

(e) Service personnel to invoke their Service-specific reporting procedures regarding

such allegations (Reference (as)).

(f) Service MEO representative to file a complaint of sexual harassment.

(g) A G/FO if the retaliation, reprisal, ostracism, or maltreatment involves the

administrative separation of a victim within 1 year of the final disposition of the sexual assault

case. A victim may request that the G/FO review the separation.

(h) A G/FO if the victim believes there has been an impact on their military career

because victims reported a sexual assault or sought mental health treatment for sexual assault.

The victim may discuss the impact with the G/FO.

(i) An SVC/VLC, trial counsel and VWAP, or legal assistance attorney to facilitate a

report with a SARC or SAPR VA.

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(j) Service personnel to file a complaint of wrongs in accordance with Article 138 of

the UCMJ (section 938 of Reference (d)).

(k) DoD IG, invoking Whistle-blower Protections.

(l) Commander or SARC to request an Expedited Transfer.

(m) Commander or SARC to request a safety transfer or MPO, if the victim fears

violence.

(17) Explaining Service regulations that protect SARC and SAPR VA from retaliation,

reprisal, ostracism, and maltreatment, related to the execution of their duties and responsibilities.

(18) Explaining Service regulations that protect witnesses and bystanders who intervene

to prevent sexual assaults or who report sexual assaults from retaliation, reprisal, ostracism, and

maltreatment.

(19) Explaining that, when completing an SF 86 in connection with an application,

investigation, or reinvestigation for a security clearance, it is DoD policy to answer “no” to

question 21 of SF 86 with respect to consultation with a health care professional if:

(a) The individual is a victim of a sexual assault; or

(b) The consultation occurred with respect to an emotional or mental health condition

strictly in relation to the sexual assault.

3. DOD PERSONNEL TRAINING REQUIREMENTS. Refer to Military Service-specific

training officers that maintain personnel training schedules.

a. Initial SAPR training will occur within 14 days of initial entrance.

(1) The matters specified in paragraph 3a(2) of this section will be carefully explained to

each member of the Military Services at the time of or within 14 duty days of the member’s

initial entrance to active duty or the member’s initial entrance into a duty status with a Reserve

Component.

(2) The matters to be explained in the initial SAPR training include:

(a) DoD policy with respect to sexual assault.

(b) Special emphasis to interactive scenarios that fully explain the reporting options

and the channels through which victims can make an Unrestricted or a Restricted Report of a

sexual assault.

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and the procedures a member seeking to access those resources should follow. Emphasize that

sexual assault victims have the right and ability to consult with a SVC or VLC before deciding

whether to make a Restricted or Unrestricted Report, or no report at all.

b. Accessions training shall occur upon initial entry.

(1) Mirror the General Training Requirements in section 2 of this enclosure.

(2) Provide scenario-based, real-life situations to demonstrate the entire cycle of

prevention, reporting, response, and accountability procedures to new accessions to clarify the

nature of sexual assault in the military environment.

c. Annual training shall occur once a year and is mandatory for all Service members

regardless of rank or occupation or specialty.

(1) Mirror the General Training Requirements in section 2 of this enclosure.

(2) Explain the nature of sexual assault in the military environment using scenario-based,

real-life situations to demonstrate the entire cycle of prevention, reporting, response, and

accountability procedures.

(3) Deliver to Service members in a joint environment from their respective Military

Services and incorporate adult learning theory.

d. Professional military education (PME) and leadership development training (LDT).

(1) For all trainees, PME and LDT shall mirror the General Training Requirements in

section 2 of this enclosure.

(2) For senior noncommissioned officers and commissioned officers, PME and LDT

shall occur during developmental courses throughout the military career and include:

(a) Explanation and analysis of the SAPR program.

(b) Explanation and analysis of the necessity of immediate responses after a sexual

assault has occurred to counteract and mitigate the long-term effects of violence. Long-term

responses after sexual assault has occurred will address the lasting consequences of violence.

trends pertaining to the military population.

(d) Explanation of the commander’s and senior enlisted Service member’s role in the

SAPR program.

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(e) Review of all items found in the “Commander’s 30-Day Checklist for

Unrestricted Reports of Sexual Assault”. (See SAPR Toolkit on www.sapr.mil.)

(f) Explanation of what constitutes retaliation, reprisal, ostracism, and maltreatment

in accordance with Service regulations and Military Whistleblower Protections. This includes

understanding:

1. Of resources available for victims (listed in Enclosure 4 of this Instruction) to

report instances of retaliation, reprisal, ostracism, maltreatment, sexual harassment, or to request

a transfer or MPO.

2. That victims who reported a sexual assault or sought mental health treatment

for sexual assault may discuss issues related to their military career with a G/FO that the victim

believes are associated with the sexual assault.

3. That all personnel in the victim’s chain of command, officer and enlisted,

when they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment, are

required to take appropriate measures to protect the victim.

4. Of a supervisor’s role in unit SAPR programs and how to address sexual

assault and other illegal and other negative behaviors that can affect command climate.

e. Pre-deployment training shall be provided.

(1) Mirror the General Training Requirements in section 2 of this enclosure.

(2) Explain risk reduction factors tailored to the deployment location.

(3) Provide a brief history of the specific foreign countries or areas anticipated for

deployment, and the area’s customs, mores, religious practices, and status of forces agreement.

Explain cultural customs, mores, and religious practices of coalition partners.

(4) Identify the type of trained sexual assault responders who are available during the

deployment (e.g., law enforcement personnel, legal personnel, SARC, SAPR VAs, healthcare

personnel, chaplains).

(5) Include completion of D-SAACP certification for SARCs and SAPR VAs.

f. Post-deployment reintegration training shall occur within 30 days of returning from

deployment and:

(1) Commanders of re-deploying personnel will ensure training completion.

(2) Explain available counseling and medical services, reporting options, and eligibility

benefits for Service members (active duty and Reserve Component).

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(3) Explain MRE 514. Explain that National Guard and Reserve members can make a

Restricted or Unrestricted report with the SARC or SAPR VA and then be eligible to receive

SAPR services.

g. Pre-command training shall occur prior to filling a command position.

(1) Mirror the General Training Requirements in section 2 of this enclosure.

(a) The personnel trained shall include all officers who are selected for command and

the unit’s senior enlisted Service member.

(b) The required subject matter for the training shall be appropriate to the level of

responsibility and commensurate with level of command.

(2) Explain rape myths, facts, and trends.

(3) Provide awareness of the SAPR program and explain the commander’s and senior

enlisted Service member’s role in executing their SAPR service program.

(4) Review all items found in the commander’s protocols for Unrestricted Reports of

sexual assault. (See SAPR Toolkit on www.sapr.mil.)

(5) Explain what constitutes retaliation, reprisal, ostracism, and maltreatment in

accordance with Service regulations and Military Whistleblower Protections and procedures for

addressing reprisal allegations. This includes understanding:

(a) Resources available for victims (listed in Enclosure 4 of this Instruction) to report

instances of retaliation, reprisal, ostracism, maltreatment, sexual harassment or to request a

transfer or MPO.

(b) That victims who reported a sexual assault or sought mental health treatment for

sexual assault may discuss issues related to their military career with the G/FO that the victim

believes are associated with the sexual assault.

they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment, are required

to take appropriate measures to protect the victim.

(d) The role of the chain of command in unit SAPR programs.

(e) The skills needed to address sexual harassment and sexual assault. Interactive

exercises should be conducted to provide supervisors the opportunity to practice these skills.

(6) A sexual assault prevention and response training module will be included in the

training for new or prospective commanders at all levels of command. The training will be

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tailored to the responsibilities and leadership requirements of members of the Military Services

as they are assigned to command positions. Such training will include:

(a) Fostering a command climate that does not tolerate sexual assault.

(b) Fostering a command climate in which persons assigned to the command are

encouraged to intervene to prevent potential incidents of sexual assault.

any incident of sexual assault.

(d) Understanding the needs of and the resources available to, the victim after an

incident of sexual assault.

(e) Using MCIOs for the investigation of alleged incidents of sexual assault.

(f) Understanding available disciplinary options, including court-martial, nonjudicial

punishment, administrative action, and deferral of discipline for collateral misconduct, as

appropriate.

(g) Understanding the Expedited Transfer policy. Commanders have the authority to

make a timely determination, and to take action, regarding whether a Service member who is

alleged to have committed or attempted to commit a sexual assault offense should be temporarily

reassigned or removed from a position of authority or from an assignment. This determination

should be made, not as a punitive measure, but solely for the purpose of maintaining good order

and discipline within the Service member’s unit in accordance with Reference (o).

h. Curricula of the MSAs will include:

(1) Substantive course work that addresses honor, respect, character development,

leadership, and accountability as such pertain to the issue of preventing and the appropriate

response to sexual assault in the Military Services.

(2) Initial SAPR training will occur within 14 days of the initial arrival of a new cadet or

midshipman at that MSA and repeated annually thereafter. Training will be conducted using

adult learning method in accordance with section 3.a. of this enclosure.

(3) At a minimum, a brief history of the problem of sexual assault in the Military

Services, a definition of sexual assault, information relating to reporting a sexual assault,

victims’ rights, and dismissal and dishonorable discharge for offenders of Service members

convicted by general court-martial for certain sex-related offenses in accordance with section

856 of Reference (d).

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4. G/FO AND SES PERSONNEL TRAINING REQUIREMENTS. G/FO and SES personnel

training shall occur at the initial executive level program training and annually thereafter. Mirror

the General Training Requirements in section 2 of this enclosure.

a. The Military Service executive level management offices are responsible for tracking data

collection regarding the training.

b. The required subject matter for the training shall be appropriate to the level of

responsibility and commensurate with level of command.

c. Training guidance for other DoD components other than the Military Departments, will be

provided in a separate issuance.

5. MILITARY RECRUITERS. Military recruiter training shall occur annually and mirror the

General Training Requirements in section 2 of this enclosure.

6. TRAINING FOR CIVILIANS WHO SUPERVISE SERVICE MEMBERS. Training is

required for civilians who supervise Service members, for all civilians in accordance with section

585 of Reference (m), and, if feasible, highly recommended for DoD contractors. Training shall

occur annually and mirror the General Training Requirements in section 2 of this enclosure.

7. RESPONDER TRAINING REQUIREMENTS. To standardize services throughout the DoD,

as required in Reference (c), all DoD sexual assault responders shall receive the same baseline

training. These minimum training standards form the baseline on which the Military Services

and specialized communities can build. First responders are composed of personnel in the

following disciplines or positions: SARCs; SAPR VAs; healthcare personnel; DoD law

enforcement; MCIOs; judge advocates; chaplains; firefighters and emergency medical

technicians. Commanders and VWAP personnel can be first responders. Commanders receive

their SAPR training separately.

a. All responder training shall:

(1) Be given in the form of initial and annual refresher training from their Military

Service in accordance with Enclosure 2 of this Instruction. Responder training is in addition to

annual training.

(2) Be developed for each responder functional area from each military service and shall:

(a) Explain the different sexual assault response policies and critical issues.

1. DoD SAPR policy, including the role of the SARC, SAPR VA, victim witness

liaison, and CMG.

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2. Military Service-specific policies.

3. Unrestricted and Restricted Reporting as well as MRE 514.

4. Exceptions to Restricted Reporting and limitations to use.

5. Change in victim reporting preference election.

6. Victim advocacy resources.

(b) Explain the requirement that SARCs must respond in accordance with this

Instruction.

procedures for military and civilians as well as collaboration and knowledge of resources and

referrals that can be utilized at that specific geographic location.

(d) Explain the range of victim responses to sexual assault to include:

1. Victimization process, including re-victimization and secondary victimization.

2. Counterintuitive behavior.

3. Impact of trauma on memory and recall.

4. Potential psychological consequences, including acute stress disorder and post-

traumatic stress disorder.

(e) Explain deployment issues, including remote location assistance.

(f) Explain the possible outcomes of investigations of sexual assault.

(g) Explain the possible flow of a sexual assault investigation. (See flowchart in the

SAPR Policy Toolkit, located at www.sapr.mil.)

(h) Be completed prior to deployment.

(i) Recommend, but not require, that SAPR training for responders include safety

and self-care.

(j) Explain how to provide a response that recognizes the high prevalence of pre-

existing trauma.

(k) Explain the eligibility for SVC or VLC for both Restricted and Unrestricted

Reports of sexual assault, and the types of legal assistance authorized to be provided to the

sexual assault victim. Explain that the nature of the relationship between an SVC/VLC and a

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victim in the provision of legal advice and assistance will be the relationship between an attorney

and client.

b. SARC training shall:

(1) Provide the responder training requirements in paragraph 7.a. of this enclosure.

(2) Be scenario-based and interactive. Provide for role play where a trainee SARC

counsels a sexual assault victim and is critiqued by a credentialed SARC and/or an instructor.

(3) Explain roles and responsibilities and command relationships.

(4) Explain the different reporting options, to include the effects of independent

investigations (see Enclosure 4 of this Instruction). Explain the exceptions to Restricted

Reporting, with special emphasis on suspending Restricted Reporting where it is necessary to

prevent or mitigate a serious and imminent threat to the health or safety of the victim or another

person.

(5) Provide training on how MCIOs will be entering reports of sexual assault into

DSAID through MCIO cases management systems or by direct data entry. Provide training on

potential discovery obligations regarding any notes entered in DSAID.

(6) Provide training on document retention and SAFE Kit retention in Restricted and

Unrestricted cases. Explain evidence collected in a sexual assault investigation is disposed of in

accordance with section 586 of Reference (m), as amended by section 538 of Reference (p), and

DoD regulations.

(7) Provide training on Expedited Transfer and MPO procedures.

(8) Provide instruction on all details of SAPR VA screening, including:

(a) What to do if SAPR VA is a recent victim, or knows sexual assault victims.

(b) What to do if SAPR VA was accused of being an offender or knows someone

who was accused.

(d) The necessary case management skills:

1. Required reports and proper documentation as well as records management.

2. Instruction to complete DD Form 2910 and proper storage according to

Federal and Service privacy regulations.

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3. Ability to conduct SAPR training, when requested by the SARC or

commander.

4. Transferring cases to another installation SARC.

(9) Explain the roles and responsibilities of the VWAP and DD Form 2701.

(10) Inform SARCs of the existence of the SAPRO website at http://www.sapr.mil, and

encourage its use for reference materials and general DoD-level SAPR information.

(11) Include annual suicide prevention training to facilitate their ability to assist a sexual

assault victim who has suicidal ideation.

c. SAPR VA training shall:

(1) Provide the responder training requirements in paragraph 7.a. of this enclosure.

(2) Be scenario-based and interactive. Provide for role play where a trainee SAPR VA

counsels a sexual assault victim, and then that counseling session is critiqued by an instructor.

(3) Explain the different reporting options, to include the effects of independent

investigations (see Enclosure 4 of this Instruction). Explain the exceptions to Restricted

Reporting, with special emphasis on suspending Restricted Reporting where it is necessary to

prevent or lessen a serious and imminent threat to the health or safety of the victim or another

person.

(4) Include:

(a) Necessary critical advocacy skills.

(b) Basic interpersonal and assessment skills.

1. Appropriate relationship and rapport building.

2. Sensitivity training to prevent re-victimization.

(d) Restricted and Unrestricted Reporting options as well as MRE 514.

(e) Roles and limitations, to include: command relationship, SAPR VA’s rights and

responsibilities, reporting to the SARC, and recognizing personal biases and issues.

(f) Preparing proper documentation for a report of sexual assault.

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(g) Document retention and SAFE Kit retention in Restricted and Unrestricted cases.

Explain evidence collected with a sexual assault investigation is disposed of in accordance with

section 586 of Reference (m), amended by section 538 of Reference (p), and DoD regulations.

(h) Expedited Transfer and MPO procedures.

(i) Record keeping rules for protected disclosures relating to a sexual assault.

(j) A discussion of ethical issues when working with sexual assault victims as a

victim advocate.

(k) A discussion of individual versus system advocacy.

(l) A review of the military justice process and adverse administrative actions.

(m) Overview of criminal investigative process and military judicial requirements.

(n) A review of the issues in victimology.

1. Types of assault.

2. Health consequences such as mental and physical health.

3. Cultural and religious differences.

4. Victims’ rights and the victim’s role in holding offenders appropriately

accountable and limitations on offender accountability when the victim elects Restricted

Reporting.

5. Healthcare management of sexual assault and medical resources and treatment

options to include the medical examination, the forensic examination, mental health and

counseling, pregnancy, and STD/I and HIV.

6. Identification of safety issues and their immediate report to the SARC or law

enforcement, as appropriate.

7. Identification of retaliation, reprisal , ostracism, and maltreatment actions

against the victim; procedures for responding to these allegations and their immediate reporting

to the SARC and the VWAP; safety planning to include how to prevent retaliation, reprisal,

ostracism, and maltreatment actions against the victim.

8. Separation of the victim and offender as well as the MPO and CPO process.

9. Expedited Transfer process for the victim.

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(o) An explanation of the roles and responsibilities of the VWAP and

DD Form 2701.

(p) Safety and self-care, to include vicarious trauma.

(5) Include annual suicide prevention training to facilitate their ability to assist a sexual

assault victim who has suicidal ideation.

d. Healthcare personnel training shall be in two distinct training categories:

(1) Training for Healthcare Personnel Assigned to an MTF. In addition to the responder

training requirements in paragraphs 7.a. of this enclosure, healthcare personnel who received a

Restricted Report shall immediately call a SARC or SAPR VA, so a DD Form 2910 can be

completed. Training must include the information that healthcare personnel who receive a

Restricted Report will maintain confidentiality to the extent authorized by law and this

instruction. Training must include Expedited Transfers.

(2) Training for Sexual Assault Medical Forensic Examiners. Healthcare personnel who

received a Restricted Report shall immediately call a SARC or SAPR VA, so a DD Form 2910

can be completed.

(a) In addition to the responder training requirements and healthcare personnel

requirements in paragraphs 7.a. and 7.d.1. of this enclosure, healthcare providers performing

SAFEs will be trained and must remain proficient in conducting SAFEs.

(b) All providers conducting SAFEs must have documented education, training, and

clinical practice in sexual assault examinations in accordance with Reference (al) and the

Department of Justice National Training Standards (Reference (az)) and in accordance with

DoDI 6025.13 (Reference (ba)).

providers performing SAFEs in MTFs.

1. Selection

a. Have specified screening and selection criteria consistent with References

(ai), (az), and (ba).

b. In addition to the requirements in Reference (ba), licensed DoD providers

eligible to take SAFE training must pass a National Agency Check that will determine if they

have been convicted of sexual assault, child abuse, domestic violence, violent crime (as defined

by the Federal Bureau of Investigation’s Uniform Crime Reporting Program) and other felonies.

c. If the candidate is a non-licensed provider, he or she must meet the same

screening standards as those for SARCs in the D-SAACP certification program.

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2. Training for Healthcare Providers Performing SAFEs in MTFs. Healthcare

providers who may be called on to provide comprehensive medical treatment to a sexual assault

victim, including performing SAFEs, are: obstetricians, gynecologists, and other licensed

practitioners (preferably family physicians, emergency medicine physicians, and pediatricians);

advanced practice nurses with specialties in midwifery, women’s health, family health, and

pediatrics; physician assistants trained in family practice or women’s health; and registered

nurses. These individuals must:

a. In addition to the responder training requirements and the healthcare

personnel training requirements in paragraphs7.a.and 7.d.1. of this enclosure, healthcare

providers performing SAFEs shall be trained and remain proficient in conducting SAFEs.

b. All providers conducting SAFEs must have documented education,

training, and clinical practice in sexual assault examinations in accordance with Reference (aj)

and the DOJ National Training Standards in accordance with Reference (az).

3. Certification

a. Provider must pass all selection and screening criteria.

b. Provider must submit documentation by trainer that healthcare provider has

successfully completed SAFE training and is competent to conduct SAFEs independently.

Documentation can be in the form of a certificate or be recorded in an electronic medical training

tracking system.

c. Provider must obtain a letter of recommendation from her or his

commander.

d. Upon successful completion of the selection, training, and certification

requirements, the designated medical certifying authority will issue the certification for

competency. Certification is good for 3 years from date of issue and must be reassessed and

renewed at the end of the 3-year period.

(3) Additional Training Topics for Healthcare Providers Performing SAFEs:

(a) The SAFE Kit and DD Form 2911.

(b) Toxicology kit for suspected drug-facilitated cases.

(d) Translation of findings.

(e) Proper documentation.

(f) Storage of evidence in Restricted Reports (e.g., RRCN).

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(g) Management of the alleged offender.

(h) Relevant local and State laws and restrictions.

(i) Medical treatment issues during deployments including remote location assistance

to include: location resources including appropriate personnel, supplies (drying device, toluidine

blue dye, colposcope, camera), standard operating procedures, location of SAFE Kit and DD

Form 2911; and availability and timeliness of evacuation to echelon of care where SAFEs are

available.

(j) How to provide testing, prophylactic treatment options, and follow-up care to

possible exposure to human immunodeficiency virus (HIV), and other sexually transmitted

diseases or infections (STD/Is).

(k) How to assess the risk of pregnancy; provide options for emergency

contraception, and any follow-up care and referral services to the extent authorized by law.

(l) How to assess the need for mental health services and provisions for a referral, if

necessary or requested by the victim.

(m) How to conduct physical and mental health assessment.

(n) How to deal with sexual assault-related trauma, to include:

1. Types of injury.

2. Photography of injuries.

3. Behavioral health and counseling needs.

4. Consulting and referral process.

5. Appropriate follow-up.

6. Drug or alcohol-facilitated sexual assault, to include review of best practices,

victim interview techniques, and targeted evidence collections.

(o) Medical record management.

(p) Legal process and expert witness testimony.

e. DoD law enforcement (those elements of DoD components, to include MCIOs, authorized

to investigate violations of the UCMJ) training shall:

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(1) Include the responder training requirements in paragraph 7.a. of this enclosure for

DoD law enforcement personnel who may respond to a sexual assault complaint.

(2) Remain consistent with the guidelines published under the authority and oversight of

the DoD IG. In addition, DoD law enforcement training shall:

(a) Explain how to respond in accordance with the SAPR program.

(1) When to notify the command, SARC, and SAPR VA.

(2) How to work with SAPR VAs and SARCs, and medical personnel.

(3) In the event that law enforcement personnel respond to a 911 or emergency

call involving sexual assault, how to refer the incident to the appropriate MCIO for investigation

(after taking appropriate emergency response actions).

(b) Explain how to work with sexual assault victims, to include the effects of trauma

on sexual assault victims. Ensure victims are informed of and accorded their rights, in

accordance with Reference (al) and paragraph 4.4 of Reference (av) by contacting the VWAP.

(d) Review IG policy and Military Service regulations regarding the legal transfer of

the SAFE Kit and the retention of the DD Form 2911 or reports from civilian sexual assault

forensic exams in archived files. Explain that if the victim had a SAFE, the SAFE Kit will be

retained for 5 years in accordance with Reference (ac) and with section 586 of Reference (m), as

amended by section 538 of Reference (p). Personal property retained as evidence collected in

association with a sexual assault investigation will be retained for a period of 5 years. Personal

property may be returned to the rightful owner of such property after the conclusion of all legal,

adverse action and administrative proceedings related to such incidents in accordance with

section 586 of Reference (m), as amended by Reference (p), and DoD regulations.

(e) Discuss sex offender issues.

f. Training for MCIO agents assigned to investigate sexual assaults shall:

(1) Be detailed in IG policy.

(2) Adhere to the responder training requirements in paragraph 7.a. of this enclosure for

military and civilian criminal investigators assigned to MCIOs who may respond to a sexual

assault complaint.

(3) Remain consistent with the guidelines published under the authority and oversight of

the DoD IG. In addition, MCIO training shall:

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(a) Include initial and annual refresher training on essential tasks specific to

investigating sexual assault investigations that explain that these reports shall be included in

sexual assault quarterly and annual reporting requirements found in Enclosure 12 of this

Instruction.

(b) Include IG policy and Military Service regulations regarding the legal transfer of

the SAFE Kit and the retention of the DD Form 2911 or reports from civilian sexual assault

forensic exams in archived files. Explain that if the victim had a SAFE, the SAFE Kit will be

retained for 5 years in accordance with Reference (ac) and in accordance with section 586 of the

Reference (m), as amended by section 538 of Reference (p). Personal property retained as

evidence collected in association with a sexual assault investigation will be retained for a period

of 5 years. Personal property may be returned to the rightful owner of such property after the

conclusion of all legal, adverse action and administrative proceedings related to such incidents in

accordance with section 586 of Reference (m), as amended by section 538 of Reference (p), and

DoD regulations.

1. Effects of trauma on the victim to include impact of trauma and stress on

memory as well as balancing investigative priorities with victim needs.

2. Ensure victims are informed of and accorded their rights, in accordance with

Reference (al) and paragraph 4.4. of Reference (av) by contacting the VWAP.

3. Take into consideration the victim’s safety concerns and medical needs.

(d) Explain how to respond to a sexual assault in accordance with Reference (c), this

Instruction, and the assigned Military Service regulations on:

1. Notification to command, SARC, and VWAP.

2. Investigating difficult cases to include drug and alcohol facilitated sexual

assaults, having multiple alleged offenders and sexual assaults in the domestic violence context

as well as same-sex sexual assaults (male/male or female/female).

(e) Review of available research regarding false information and the factors

influencing false reports and false information, to include possible victim harassment and

intimidation.

(f) Explain unique issues with sex offenders to include identifying, investigating, and

documenting predatory behaviors.

(g) Explain how to work with the SARC and SAPR VA to include SAPR VA and

SARC roles, responsibilities, and limitations; victim services and support program; and

MRE 514.

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g. Judge advocate training shall:

(1) Prior to performing judge advocate duties, adhere to the responder training

requirements in paragraph 7.a. of this enclosure for judge advocates who are responsible for

advising commanders on the investigation or disposition of, or who prosecute or defend, sexual

assault cases.

(2) Explain legal support services available to victims.

(a) Pursuant to the respective Military Service regulations, explain that each Service

member who reports a sexual assault shall be given the opportunity to consult with legal

assistance counsel and SVC/VLC, and in cases where the victim may have been involved in

collateral misconduct, to consult with defense counsel.

1. Provide information concerning the prosecution, if applicable, in accordance

with Reference (af). Provide information regarding the opportunity to consult with legal

assistance counsel and SVC/VLC as soon as the victim seeks assistance from a SARC, SAPR

VA, or any DoD law enforcement agent or judge advocate.

2. Ensure victims are informed of their rights and the VWAP program, in

accordance with Reference (al) and paragraph 4.4. of Reference (av).

(b) Explain the sex offender registration program.

(3) Explain issues encountered in the prosecution of sexual assaults.

(a) Typologies (characteristics) of victims and sex offenders in non-stranger sexual

assaults.

(b) Addressing the consent defense.

(d) How to introduce forensic and scientific evidence (e.g., SAFE Kits, DNA,

serology, toxicology).

(e) Evidentiary issues regarding MRE 412, 413, and 615 of Reference (w).

(f) How to advise victims, SAPR VAs, and VWAP about the military justice process,

and MRE 514. Explain:

1. Victims’ rights during trial and defense counsel interviews (e.g., guidance

regarding answering questions on prior sexual behavior, interviewing parameters, coordinating

interviews, case outcomes).

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102

2. In the case of a general or special court-martial, the trial counsel will cause

each qualifying alleged victim to be notified of the opportunity to receive a copy of the record of

trial (not to include sealed materials unless approved by the presiding military judge or appellate

court, classified information, or other portions of the record the release of which would

unlawfully violate the privacy interests of any party, and without a requirement to include

matters attached to the record under R.C.M. 1101(b)(3) in Reference (w). A qualifying alleged

victim is an individual named in a specification alleging an offense under Articles 120, 120b,

120c, or 125 of the UCMJ (sections 920, 920b, 920c, or 925 of Reference (d)), or any attempt to

commit such offense in violation of Article 80 of the UCMJ (section 880 of Reference (d)) if the

court-martial resulted in any finding of that specification.

3. Guidance on victim accompaniment (e.g., who may accompany victims to

attorney interviews, what is their role, and what they should do if victim is being mistreated).

a. Defense counsel must request interviews through the victim’s counsel if the

victim is represented by counsel.

b. The victim has the right to be accompanied to the Defense interview, in

accordance with section 846 of Reference (d).

4. MRE 412 of Reference (w) and its application to an Article 32 preliminary

hearings.

5. Protecting victim privacy (e.g., access to medical records and conversations

with SARC or SAPR VA, discovery consequences of making victim’s mental health an issue,

MRE 514).

h. Legal assistance attorney training shall adhere to the requirements of annual training in

paragraphs 3.b. of this enclosure. Attorneys shall receive training in order to have the capability

to provide legal assistance to sexual assault victims in accordance with the USD(P&R)

Memorandum (Reference (ba)). Legal assistance attorney training shall include:

(1) The VWAP, including the rights and benefits afforded the victim.

(a) The role of the VWAP and what privileges do or do not exist between the victim

and the advocate or liaison.

(b) The nature of the communication made to the VWAP as opposed to those made

to the legal assistance attorney.

(2) The differences between the two types of reporting in sexual assault cases.

(3) The military justice system, including the roles and responsibilities of the trial

counsel, the defense counsel, and investigators. This may include the ability of the Government

to compel cooperation and testimony.

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103

(4) The services available from appropriate agencies or offices for emotional and mental

health counseling and other medical services.

(5) The availability of protections offered by military and civilian restraining orders.

(6) Eligibility for and benefits potentially available as part of transitional compensation

benefits found in section 1059 of Reference (d), and other State and Federal victims’

compensation programs.

(7) Traditional forms of legal assistance.

i. SVC/VLC will adhere to the requirements of annual training in paragraphs 3.b. of this

enclosure, to include explaining the nature of the relationship between a SVC/VLC and a victim

will be the relationship between an attorney and client. In accordance with section 1044e of

Reference (d), SVC/VLC training will include providing legal consultation regarding:

(1) Potential criminal liability of the victim, if any, stemming from or in relation to the

circumstances surrounding the alleged sex-related offense and the victim’s right to seek military

defense services.

(2) The Victim Witness Assistance Program, including:

(a) The rights and benefits afforded the victim.

(b) The role of the Victim Witness Assistance Program liaison and what privileges

do or do not exist between the victim and the liaison.

communication made to an SVC/VLC or a legal assistance attorney in accordance with section

1044 of Reference (d).

(3) The responsibilities and support provided to the victim by the SARC or a SAPR VA,

to include any privileges that may exist regarding communications between those persons and

the victim.

(4) The potential for civil litigation against other parties (other than the United States).

(5) The military justice system, including (but not limited to):

(a) The roles and responsibilities of the trial counsel, the defense counsel, and

investigators.

(b) Any proceedings of the military justice process which the victim may observe.

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104

(d) The victim’s responsibility to testify and other duties to the court.

(6) Accompanying the victim at any proceedings in connection with the reporting,

military investigation, and military prosecution of the alleged sex-related offense.

(7) Eligibility and requirements for services available from appropriate agencies or

offices for emotional and mental health counseling and other medical services.

(8) Legal consultation and assistance:

(a) In personal civil legal matters in accordance with section 1044 of Reference (d).

(b) In any proceedings of the military justice process in which a victim can

participate as a witness or other party.

civilian and military protective or restraining orders.

(d) In understanding the eligibility and requirements for, and obtaining, any available

military and veteran benefits, such as transitional compensation benefits found in section 1059 of

Reference (d) and other State and Federal victims’ compensation programs.

j. Chaplains, chaplain assistants, and religious personnel training shall:

(1) Adhere to the responder training requirements in paragraph 7.a. of this enclosure.

(2) Pre-deployment SAPR training shall focus on counseling services needed by sexual

assault victims and offenders in contingency and remote areas.

(3) Address:

(a) Privileged communications and the Restricted Reporting policy rules and

limitations, including legal protections for chaplains and their confidential communications,

assessing victim or offender safety issues (while maintaining chaplain’s confidentiality), and

MRE 514.

(b) How to support victims with discussion on sensitivity of chaplains in addressing

and supporting sexual assault victims, identifying chaplain’s own bias and ethical issues, trauma

training with pastoral applications, and how to understand victims’ rights as prescribed in

References (am) and (av).

1. Offender counseling should include: assessing and addressing victim and

offender safety issues while maintaining confidentiality; and counseling an offender when the

victim is known to the chaplain (counseling both the offender and the victim, when there is only

one chaplain at a military installation).

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105

2. Potential distress experienced by witnesses and bystanders over the assault

they witnessed or about which they heard.

3. Counseling for SARCs, SAPR VAs, healthcare personnel, chaplains, JAGs,

law enforcement or any other professionals, who routinely work with sexual assault victims and

may experience secondary effects of trauma.

4. Providing guidance to unit members and leadership on how to mitigate the

impact that sexual assault has on a unit and its individuals, while keeping in mind the needs and

concerns of the victim.

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106

ENCLOSURE 11

DSAID

1. PURPOSE

a. In accordance with section 563 of Reference (j), DSAID shall support Military Service

SAPR program management and DoD SAPRO oversight activities. It shall serve as a

centralized, case-level database for the collection and maintenance of information regarding

sexual assaults involving persons covered by this Instruction. DSAID will include information,

if available, about the nature of the assault, the victim, the alleged offender, investigative

information, case outcomes in connection with the allegation, and other information necessary to

fulfill reporting requirements. DSAID will serve as the DoD’s SAPR source for internal and

external requests for statistical data on sexual assault in accordance with section 563 of

Reference (j). DSAID has been assigned Office of Management and Budget control number

0704-0482. DSAID contains information provided by the Military Services, which are the

original sources of the information.

b. Disclosure of data stored in DSAID will only be granted when disclosure is authorized or

required by law or regulation.

2. PROCEDURES

a. DSAID shall:

(1) Contain information about sexual assaults reported to the DoD involving persons

covered by this Instruction, both via Unrestricted and Restricted Reporting options.

(2) Include adequate safeguards to shield PII from unauthorized disclosure. The system

will not contain PII about victims who make a Restricted Report. Information about sexual

assault victims and subjects will receive the maximum protection allowed under the law.

DSAID is accessible only by authorized users and includes stringent user access controls.

(3) Assist with annual and quarterly reporting requirements, identifying and managing

trends, analyzing risk factors or problematic circumstances, and taking action or making plans to

eliminate or to mitigate risks. DSAID shall store case information. Sexual assault case

information shall be available to DoD SAPRO for SAPR program oversight (data validation and

quality control), study, research, and analysis purposes. DSAID will provide a set of core

functions to satisfy the data collection and analysis requirements for the system in five basic

areas: data warehousing, data query and reporting, SARC victim case management functions,

subject investigative and legal case information, and SAPR program administration and

management.

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(4) Receive information from the MCIO case management systems or direct data entry

by authorized Military Service personnel.

(5) Contain information pertaining to all victims of sexual assault reported to the DoD

through filing a DD Form 2910 or reporting to an MCIO. When a Service member is alleged to

have sexually assaulted a civilian or foreign national, the SARC will request and the MCIO will

provide the victim’s name, supporting PII, and the MCIO case file number, to include the unique

identifier for foreign nationals, for entry into DSAID.

(6) A SARC will open a case in DSAID as an “Open with Limited Information” case

when there is no signed DD 2910 (e.g., an independent investigation or third-party report, or

when a civilian victim alleged sexual assault with a Service member) to comply with Section

563(d) of Reference (i) and to ensure system accountability.

b. The DD Form 2965 may be used as a tool for capturing information to be entered into

DSAID when direct data entry is not possible, but the DD Form 2965 is not meant to be retained

as a permanent form.

(1) SARCs and SAPR VAs will be the primary users of the DD Form 2965, which may

be completed in sections as appropriate. Applicable sections of the form may also be used by

MCIO and designated legal officer, if applicable, to provide required investigative and

disposition information to SARCs for input into DSAID. Victims will NOT complete the DD

Form 2965.

(2) In accordance with General Records Schedule 20, Item 2(a)4, users will destroy the

DD Form 2965 immediately after its information has been inputted into DSAID or utilized for

the purpose of developing the 8-day incident report (Reference (o)). In all cases, the DD Form

2965 will not be retained for longer than 8 days and will NOT be mailed, faxed, stored, or

uploaded to DSAID. In a Restricted Report case, a copy of the DD Form 2965 will NOT be

provided to commanders.

3. NOTIFICATION PROCEDURES AND RECORD ACCESS PROCEDURES

a. Requests for information contained in DSAID are answered by the Services. All requests

for information should be made to the DoD Component that generated the information in

DSAID. Individuals seeking to determine whether information about themselves is contained in

this system of records or seeking access to records about themselves should address written

inquiries to the appropriate Service office (see Service list at www.sapr.mil).

b. Requests for information to the DoD Components must be responded to by the office(s)

designated by the Component to respond to FOIA and Privacy Act requests. Requests shall not

be informally handled by the SARCs.

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ENCLOSURE 12

SEXUAL ASSAULT ANNUAL AND QUARTERLY REPORTING REQUIREMENTS

1. ANNUAL REPORTING FOR THE MILITARY SERVICES. The USD(P&R) submits

annual FY reports to Congress on the sexual assaults involving members of the Military

Services. Each Secretary of the Military Departments must submit their Military Service report

for the prior FY to the Secretary of Defense through the DoD SAPRO by March 1. The

Secretary of the Navy must provide separate reports for the Navy and the Marine Corps. The

annual report is accomplished in accordance with guidance from the USD(P&R) and section

1631(d) of Reference (l), and includes:

a. The policies, procedures, and processes in place or implemented by the SAPR program

during the report year in response to incidents of sexual assault.

b. An assessment of the implementation of the policies and procedures on the prevention,

response, and oversight of sexual assaults in the military to determine the effectiveness of SAPR

policies and programs, including an assessment of how Service efforts executed DoD SAPR

priorities.

c. Any plans for the following year on the prevention of and response to sexual assault,

specifically in the areas of advocacy, healthcare provider and medical response, mental health,

counseling, investigative services, legal services, and chaplain response.

d. Matrices for Restricted and Unrestricted Reports of the number of sexual assaults

involving Service members that include case synopses, and disciplinary actions taken in

substantiated cases and relevant information. See the appendix to this enclosure.

e. Analyses of the matrices of the number of sexual assaults involving Service members.

f. May include analyses of surveys administered to victims of sexual assault on their

experiences with SAPR victim assistance and the military health and justice systems.

g. Analysis and assessment of the disposition of the most serious offenses identified in

Unrestricted Reports in accordance with section 542 of Reference (p).

2. QUARTERLY REPORTS. The quarterly data reports from the Military Services are the

basis for annual reports, including the data fields necessary for comprehensive reporting and

metrics tracking. The information collected to prepare the quarterly reports has been assigned

Report Control Symbol DD-P&R(A)2205. In quarterly reports, the policies and planned actions

are not required to be reported. Each quarterly report and subsequent FY annual report shall

update the status of those previously reported investigations that had been reported as opened but

not yet completed or with action pending at the end of a prior reporting period. Once the final

action taken is reported, that specific investigation no longer needs to be reported. This reporting

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system will enable the DoD to track sexual assault cases from date of initiation to completion of

command action or disposition. Quarterly reports are due:

a. February 15 for investigations opened during the period of October 1 - December 31.

b. May 15 for investigations opened during the period of January 1 - March 31.

c. August 15 for investigations opened during the period of April 1 - June 30.

d. The final quarterly report (July 1 - September 30) shall be included as part of the FY

annual report.

3. ANNUAL REPORTING FOR THE MILITARY SERVICE ACADEMIES (MSAs).

Pursuant to section 532 of Reference (i), the USD(P&R) submits annual reports on sexual

harassment and violence at MSAs to the House of Representatives and Senate Armed Services

Committees each academic program year (APY). The MSA Sexual Assault Survey conducted

by the Defense Manpower Data Center (DMDC) has been assigned Report Control Symbol DD-

P&R(A)2198.

a. In odd-numbered APYs, superintendents will submit a report to their respective Military

Department Secretaries assessing their respective MSA policies, training, and procedures on

sexual harassment and violence involving cadets and midshipmen no later than October 15 of the

following APY. DMDC will simultaneously conduct gender relations surveys of cadets and

midshipmen to collect information relating to sexual assault and sexual harassment at the MSAs

to supplement these reports. DoD SAPRO will summarize and consolidate the results of each

MSA’s APY assessment, which will serve as the mandated DoD annual report to Congress.

b. In even-numbered APYs, DoD SAPRO and the DoD Diversity Management and Equal

Opportunity (DMEO) Office conduct MSA site visits and a data call to assess each MSA’s

policies; training, and procedures regarding sexual harassment and violence involving cadets and

midshipmen; perceptions of Academy personnel regarding program effectiveness; the number of

reports and corresponding case dispositions; program accomplishments; progress made; and

challenges. Together with the DoD SAPRO and DMEO MSA visits, DMDC will conduct focus

groups with cadets and midshipmen to collect information relating to sexual harassment and

violence from the MSAs to supplement this assessment. DoD SAPRO consolidates the

assessments and focus group results of each MSA into a report, which serves as the mandated

DoD annual report to Congress that will be submitted in December of the following APY.

4. ANNUAL REPORTING OF INSTALLATION DATA. Installation data is drawn from the

annual reports of sexual assault listed in section 1 of this enclosure. The Secretaries of each

Military Department must submit their Military Service report of sexual assault for the prior FY

organized by installation, to the Secretary of Defense through the DoD SAPRO by April 30 of

each year. The Secretary of the Navy must provide separate reports for the Navy and the Marine

Corps. Reports will contain matrices for Restricted and Unrestricted Reports of the number of

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sexual assaults involving Service members organized by military installation, and matrices

including the synopsis and disciplinary actions taken in substantiated cases.

Appendix

Sexual Assault Offense – Investigation Disposition

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APPENDIX TO ENCLOSURE 12

SEXUAL ASSAULT OFFENSE – INVESTIGATION DISPOSITION

Pursuant to the legislated requirements specified in Reference (l), the following terms are used

by the Services for annual and quarterly reporting of the dispositions of subjects in sexual assault

investigations conducted by the MCIOs. Services must adapt their investigative policies and

procedures to comply with these terms.

a. Substantiated Reports. Dispositions in this category come from Unrestricted Reports that

have been investigated and found to have sufficient evidence, and provided to command for

consideration of action, which may include some form of punitive, corrective, or discharge

action against an offender.

(1) Substantiated Reports Against Service Member Subjects. A substantiated report of

sexual assault is an Unrestricted Report that was investigated by an MCIO, provided to the

appropriate military command for consideration of action, and found to have sufficient evidence

to support the command’s action against the subject. Actions against the subject may include

initiation of a court-martial, nonjudicial punishment, administrative discharge, and other adverse

administrative action that result from a report of sexual assault or associated misconduct (e.g.,

adultery, housebreaking, false official statement).

(2) Substantiated Reports by Service Member Victims. A substantiated report of a

sexual assault victim’s Unrestricted Report that was investigated by an MCIO, and provided to

the appropriate military command for consideration of action, and found to have sufficient

evidence to support the command’s action against the subject. However, there are instances

where an Unrestricted Report of sexual assault by a Service member victim may be substantiated

but the command is not able to take action against the person who is the subject of the

investigation. These categories include the following: the subject of the investigation could not

be identified; the subject died or deserted from the Service before action could be taken; the

subject was a civilian or foreign national not subject to the UCMJ; or the subject was a Service

member being prosecuted by a civilian or foreign authority.

b. Substantiated Report Disposition Descriptions. In the event of several types of action a

commander takes against the same offender, only the most serious action taken is reported, as

provided for in the following list, in descending order of seriousness. For each offender, any

court-martial sentence and nonjudicial punishment administered by commanders pursuant to

Article 15 of the UCMJ (section 815 of Reference (d)) is reported annually to the DoD in the

case synopses or via DSAID. Further additional actions of a less serious nature in the

descending list should also be included in the case synopses reported to the Department.

Reference (l) requires the reporting of the number of victims associated with each of the

following disposition categories.

(1) Commander Action for Sexual Assault Offense

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(a) Court-Martial Charges Preferred (Initiated) for Sexual Assault Offense. A court-

martial charge was preferred (initiated) for at least one of the offenses punishable by Articles 120

and 125 of the UCMJ (sections 920 and 925 of Reference (d)), or an attempt to commit an

Article 120 or 125, UCMJ offense that would be charged as a violation of Article 80 of the

UCMJ (section 880 of Reference (d)) (see R.C.M.s 307 and 401 in Reference (w)).

(b) Nonjudicial Punishments (Article 15, UCMJ). Disciplinary action for at least one

of the UCMJ offenses comprised within the SAPR definition of sexual assault that was initiated

pursuant to Article 15 of the UCMJ (section 815 in Reference (d)).

the offender from military service that is based in whole or in part on an offense within the

SAPR definition of sexual assault.

(d) Other Adverse Administrative Actions. In the absence of an administrative

discharge action, any other administrative action that was initiated (including corrective

measures such as counseling, admonition, reprimand, exhortation, disapproval, criticism,

censure, reproach, rebuke, extra military instruction, or other administrative withholding of

privileges, or any combination thereof), and that is based in whole or in part on an offense within

the SAPR definition of sexual assault. Cases should be placed in this category only when an

administrative action other than an administrative discharge is the only action taken. If an “other

administrative action” is taken in combination with another more serious action (e.g., courts-

martial, nonjudicial punishment, administrative discharge, or civilian or foreign court action),

only report the case according to the more serious action taken.

(2) Commander Action for Other Criminal Offense. Report actions against subjects in

this category when there is probable cause for an offense, but only for a non-sexual assault

offense (i.e., the commander took action on a non-sexual assault offense because an investigation

showed that the allegations did not meet the required elements of, or there was insufficient

evidence for, any of the UCMJ offenses that constitute the SAPR definition of sexual assault).

Instead, an investigation disclosed other offenses arising from the sexual assault allegation or

incident that met the required elements of, and there was sufficient evidence for, another offense

under the UCMJ. Report court-martial charges preferred, nonjudicial punishments, and

sentences imposed in the case synopses provided to the DoD. To comply with Reference (l), the

number of victims associated with each of the following categories must also be reported.

(a) Court-martial charges preferred (initiated) for a non-sexual assault offense.

(b) Nonjudicial punishments (Article 15, UCMJ (section 815 in Reference (d)) for

non-sexual assault offense.

(d) Other adverse administrative actions for non-sexual assault offense.

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c. Command Action Precluded. Dispositions reported in this category come from an

Unrestricted Report that was investigated by an MCIO and provided to the appropriate military

command for consideration of action, but the evidence did not support taking action against the

subject of the investigation because the victim declined to participate in the military justice

action, there was insufficient evidence of any offense to take command action, the report was

unfounded by command, the victim died prior to completion of the military justice action, or the

statute of limitations for the alleged offense(s) expired. Reference (l) requires the reporting of

the number of victims associated with each of the following disposition categories.

(1) Victim Declined to Participate in the Military Justice Action. Commander action is

precluded or declined because the victim has declined to further cooperate with military

authorities or prosecutors in a military justice action.

(2) Insufficient Evidence for Prosecution. Although the allegations made against the

alleged offender meet the required elements of at least one criminal offense listed in the SAPR

definition of sexual assault (see Reference (c)), there was insufficient evidence to legally prove

those elements beyond a reasonable doubt and proceed with the case. (If the reason for

concluding that there is insufficient evidence is that the victim declined to cooperate, then the

reason for being unable to take action should be entered as “victim declined to participate in the

military justice action,” and not entered as “insufficient evidence.”)

(3) Victim’s Death. Victim died before completion of the military justice action.

(4) Statute of Limitations Expired. Determination that, pursuant to Article 43 of the

UCMJ (section 943 of Reference (d)), the applicable statute of limitations has expired and the

case may not be prosecuted.

d. Command Action Declined. Dispositions in this category come from an Unrestricted

Report that was investigated by an MCIO and provided to the appropriate military command for

consideration of action, but the commander determined the report was unfounded as to the

allegations against the subject of the investigation. Unfounded allegations reflect a

determination by command, with the supporting advice of a qualified legal officer, that the

allegations made against the alleged offender did not occur nor were attempted. These cases are

either false or baseless. Reference (l) requires the reporting of the number of victims associated

with this category.

(1) False Cases. Evidence obtained through an investigation shows that an offense was

not committed nor attempted by the subject of the investigation.

(2) Baseless Cases. Evidence obtained through an investigation shows that alleged

offense did not meet at least one of the required elements of a UCMJ offense constituting the

SAPR definition of sexual assault or was improperly reported as a sexual assault.

e. Subject Outside DoD’s Legal Authority. When the subject of the investigation or the

action being taken is beyond DoD’s jurisdictional authority or ability to act, use the following

descriptions to report case disposition. To comply with Reference (l), Services must also

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identify the number of victims associated with these dispositions and specify when there was

insufficient evidence that an offense occurred in the following categories.

(1) Offender is Unknown. The investigation is closed because no person could be

identified as the alleged offender.

(2) Subject is a Civilian or Foreign National not Subject to UCMJ. The subject of the

investigation is not amenable to military UCMJ jurisdiction for action or disposition.

(3) Civilian or Foreign Authority is Prosecuting Service Member. A civilian or foreign

authority has the sexual assault allegation for action or disposition, even though the alleged

offender is also subject to the UCMJ.

(4) Offender Died or Deserted. Commander action is precluded because of the death or

desertion of the alleged offender or subject of the investigation.

f. Report Unfounded by MCIO. Determination by the MCIO that the allegations made

against the alleged offender did not occur nor were attempted. These cases are either false or

baseless. Reference (l) requires the reporting of the number of victims associated with this

category.

(1) False Cases. Evidence obtained through an MCIO investigation shows that an

offense was not committed nor attempted by the subject of the investigation.

(2) Baseless Cases. Evidence obtained through an investigation shows that alleged

offense did not meet at least one of the required elements of a UCMJ offense constituting the

SAPR definition of sexual assault or was improperly reported as a sexual assault.

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GLOSSARY

PART I. ABBREVIATIONS AND ACRONYMS

AD Army Directive

AFI Air Force Instruction

ALNAV All Navy Message

APY academic program year

ASD(HA) Assistant Secretary of Defense for Health Affairs

CCIR Commander’s Critical Information Requirement

CMG Case Management Group

CO commanding officer

CONUS continental United States

CPO civilian protective order

DFSC Defense Forensic Science Center

DHA Defense Health Agency

DMDC Defense Manpower Data Center

DMEO Diversity, Management and Equal Opportunity Office

DoDHRA Department of Defense Human Resource Activity

DoDD Department of Defense Directive

DoDI Department of Defense Instruction

D-SAACP DoD Sexual Assault Advocate Certification Program

DSAID Defense Sexual Assault Incident Database

DTM Directive-Type Memorandum

FAP Family Advocacy Program

FOIA Freedom of Information Act

FY fiscal year

GC DoD General Counsel of the Department of Defense

G/FO general or flag officer

HIV human immunodeficiency virus

HRRT High-Risk Response Team

IG DoD Inspector General of the Department of Defense

IPT integrated product team

JAG Judge Advocate General

LDT leadership development training

LOD line of duty

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MCIO military criminal investigative organization

MCM Manual for Courts-Martial

MEO Department of Defense Military Equal Opportunity (MEO) Program

MHS military healthcare system

MOA memorandum of agreement

MOU memorandum of understanding

MPO military protective order

MRE Military Rules of Evidence

MSA Military Service Academy

MTF military treatment facility

NCIC National Crime Information Center

NDAA National Defense Authorization Act

NG National Guard

NGB National Guard Bureau

OCONUS outside the continental United States

PCA permanent change of assignment

PCS permanent change of station

PII personally identifiable information

PME professional military education

PRP personnel reliability program

RRCN Restricted Reporting case number

SAFE Sexual Assault Forensic Examination

SAPR Sexual Assault Prevention and Response

SAPRO Sexual Assault Prevention and Response Office

SAPR VA Sexual Assault Prevention and Response Victim Advocate

SARC Sexual Assault Response Coordinator

SES Senior Executive Service

SF standard form

SJA staff judge advocate

STD/I sexually transmitted diseases or infections

SVC Special Victims’ Counsel (Air Force, Army, NG, and Coast Guard)

SVC/VLC Special Victims’ Counsel (Air Force, Army, NG, and Coast Guard) or

Victims’ Legal Counsel (Navy and Marine Corps)

SVIP Special Victim Investigation and Prosecution capability

UCMJ Uniform Code of Military Justice

U.S.C. United States Code

USD(P&R) Under Secretary of Defense for Personnel and Readiness

VLC Victims’ Legal Counsel (Navy and Marine Corps)

VWAP Victim Witness Assistance Program

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PART II. DEFINITIONS

Unless otherwise noted, these terms and their definitions are for the purpose of this Instruction.

Refer to the Glossary in Reference (c) for terms not defined in this Instruction.

accessions training. Training that a Service member receives upon initial entry into Military

Service through basic military training.

certification. Refers to the process by which the Department credentials SARCs and SAPR VAs,

assesses the effectiveness of sexual assault advocacy capabilities using a competencies

framework, and evaluates and performs oversight over SARC and SAPR VA training. The

certification criteria are established by the Department in consultation with subject-matter

experts.

CMG. A multi-disciplinary group that meets monthly to review individual cases of Unrestricted

Reports of sexual assault. The group facilitates monthly victim updates and directs system

coordination, accountability, and victim access to quality services. At a minimum, each group

shall consist of the following additional military or civilian professionals who are involved and

working on a specific case: SARC, SAPR VA, military criminal investigator, DoD law

enforcement, healthcare provider and mental health and counseling services, chaplain, command

legal representative or SJA, and victim’s commander.

collateral misconduct. Victim misconduct that might be in time, place, or circumstance

associated with the victim’s sexual assault incident. Collateral misconduct by the victim of a

sexual assault is one of the most significant barriers to reporting assault because of the victim’s

fear of punishment. Some reported sexual assaults involve circumstances where the victim may

have engaged in some form of misconduct (e.g., underage drinking or other related alcohol

offenses, adultery, fraternization, or other violations of certain regulations or orders).

confidential communications. Defined in Reference (c).

consent. Defined in Reference (c).

credible information. Information that, considering the source and nature of the information and

the totality of the circumstances, is sufficiently believable to presume that the fact or facts in

question are true.

credible report. Either a written or verbal report made in support of an Expedited Transfer that is

determined to have credible information.

crisis intervention. Defined in Reference (c).

culturally-competent care. Defined in Reference (c).

DSAID. Defined in Reference (c).

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designated activity. The agency that processes PCS or PCA for Expedited Transfers.

Air Force: Air Force Personnel Center.

Army: Human Resources Command for inter-installation transfers and the installation

personnel center for intra-installation transfers.

Navy: Bureau of Naval Personnel.

U.S. Marine Corps: the order writing section of Headquarters Marine Corps.

Air and Army National Guard: the NGB or the Joint Forces Headquarters-State for the State

involved.

emergency. Defined in Reference (c).

emergency care. Defined in Reference (c).

Executive Agent. The Head of a DoD Component to whom the Secretary of Defense or the

Deputy Secretary of Defense has assigned specific responsibilities, functions, and authorities to

provide defined levels of support for operational missions, or administrative or other designated

activities that involve two or more of the DoD Components.

FAP. A DoD program designated to address child abuse and domestic abuse in military families

and child maltreatment in DoD-sanctioned activities in cooperation with civilian social service

agencies and military and civilian law enforcement agencies. Prevention, advocacy, and

intervention services are provided to individuals who are eligible for treatment in military

medical treatment facilities.

final disposition. Actions taken to resolve the reported incident, document case outcome, and

address the misconduct by the alleged perpetrator, as appropriate. It includes, but is not limited

to, military justice proceedings, nonjudicial punishment, or administrative actions, including

separation actions taken in response to the offense, whichever is the most serious action taken.

gender-responsive care. Defined in Reference (c).

healthcare personnel. Persons assisting or otherwise supporting healthcare providers in

providing healthcare services (e.g., administrative personnel assigned to a military MTF).

Includes all healthcare providers.

healthcare provider. Those individuals who are employed or assigned as healthcare

professionals, or are credentialed to provide healthcare services at a MTF, or who provide such

care at a deployed location or otherwise in an official capacity. This also includes military

personnel, DoD civilian employees, and DoD contractors who provide healthcare at an

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occupational health clinic for DoD civilian employees or DoD contractor personnel. Healthcare

providers may include, but are not limited to:

Licensed physicians practicing in the MHS with clinical privileges in obstetrics and

gynecology, emergency medicine, family practice, internal medicine, pediatrics, urology, general

medical officer, undersea medical officer, flight surgeon, psychiatrists, or those having clinical

privileges to perform pelvic examinations or treat mental health conditions.

Licensed advanced practice registered nurses practicing in the MHS with clinical privileges

in adult health, family health, midwifery, women’s health, mental health, or those having clinical

privileges to perform pelvic examinations.

Licensed physician assistants practicing in the MHS with clinical privileges in adult, family,

women’s health, or those having clinical privileges to perform pelvic examinations.

Licensed registered nurses practicing in the MHS who meet the requirements for performing

a SAFE as determined by the local privileging authority. This additional capability shall be

noted as a competency, not as a credential or privilege.

A psychologist, social worker or psychotherapist licensed and privileged to provide mental

health care or other counseling services in a DoD or DoD-sponsored facility.

hospital facilities (Level 3). Minimum operational functions required for a Level 3 hospital

include: command, control, and communications; patient administration; nutritional care; supply

and services; triage; emergency medical treatment; preoperative care; orthopedics; general

surgery; operating rooms and central materiel and supply services; anesthesia, nursing services

(to include intensive and intermediate care wards); pharmacy; clinical laboratory and blood

banking; radiology services; and hospital ministry team services.

intimate partner. Defined in Reference (v).

installation. A base, camp, post, station, yard, center, homeport facility for any ship, or other

activity under the jurisdiction of the Department of Defense, including any leased facility. It

does not include any facility used primarily for civil works, rivers and harbors projects, flood

control, or other projects not under the primary jurisdiction or control of the Department of

Defense in accordance with DoD 4165.66-M (Reference (bc).

installation commander. Commander of a base, camp, post, station, yard, center, homeport

facility for any ship, or other activity under the jurisdiction of the Department of Defense,

including any leased facility. It does not include any facility used primarily for civil works,

rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or

control of the Department of Defense.

law enforcement. Includes all DoD law enforcement units, security forces, and MCIOs.

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MCIOs. The U.S. Army Criminal Investigation Command, Naval Criminal Investigative

Service, and Air Force Office of Special Investigations.

medical care. Includes physical and psychological medical services.

Military OneSource. A DoD-funded program providing comprehensive information on every

aspect of military life at no cost to active duty, National Guard, and Reserve members, and their

families. Military OneSource has a mandatory reporting requirement.

Military Services. The term, as used in the SAPR Program, includes Army, Air Force, Navy,

Marines, Reserve Components, and their respective Military Academies.

non-identifiable information. Defined in Reference (c).

non-participating victim. Victim choosing not to participate in the military justice system.

official investigative process. Defined in Reference (c).

open with limited information. Entry in DSAID to be used in the following situations: victim

refused or declined services, victim opt-out of participating in investigative process, third-party

reports, local jurisdiction refused to provide victim information, or civilian victim with military

subject.

personal identifiable information. Defined in Reference (c).

qualifying conviction. Defined in Reference (c).

recovery-oriented care. Defined in Reference (c).

responders. Includes first responders, who are generally composed of personnel in the following

disciplines or positions: SARCs, SAPR VAs, healthcare personnel, law enforcement, and

MCIOs. Other responders are judge advocates, chaplains, and commanders, but they are usually

not first responders.

respond, response, or response capability. All locations, including deployed areas, have a 24

hour, 7 day per week sexual assault response capability. The SARC shall be notified, respond, or

direct a SAPR VA to respond, assign a SAPR VA, and offer the victim healthcare treatment and

a SAFE. In geographic locations where there is no SARC onsite, the on-call SAPR VA shall

respond, offer the victim healthcare treatment and a SAFE, and immediately notify the SARC of

the sexual assault. The initial response is generally composed of personnel in the following

disciplines or positions: SARCs, SAPR VAs, healthcare personnel, law enforcement, and

MCIOs. Other responders are judge advocates, chaplains, and commanders. When victims

geographically detached from a military installation, the SARC or SAPR VA will refer to local

civilian providers or the DoD Safe Helpline for resources.

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Restricted Reporting. Reporting option that allows sexual assault victims to confidentially

disclose the assault to specified individuals (i.e., SARC, SAPR VA, or healthcare personnel), and

receive medical treatment, including emergency care, counseling, and assignment of a SARC

and SAPR VA, without triggering an investigation. The victim’s report provided to healthcare

personnel (including the information acquired from a SAFE Kit), SARCs, or SAPR VAs will

NOT be reported to law enforcement or to the command to initiate the official investigative

process unless the victim consents or an established EXCEPTION applies. The Restricted

Reporting Program applies to Service members and their military dependents 18 years of age and

older. Additional persons who may be entitled to Restricted Reporting are NG and Reserve

members. DoD civilians and contractors, at this time, are only eligible to file an Unrestricted

Report. Only a SARC, SAPR VA, or healthcare personnel may receive a Restricted Report,

previously referred to as Confidential Reporting.

re-victimization. A pattern wherein the victim of abuse or crime has a statistically higher

tendency to be victimized again, either shortly thereafter or much later in adulthood in the case

of abuse as a child. This latter pattern is particularly notable in cases of sexual abuse.

Safe Helpline. A crisis support service for members of the DoD community affected by sexual

assault. The DoD Safe Helpline:

Is available 24/7 worldwide with “click, call, or text” user options for anonymous and

confidential support.

Can be accessed by logging on to www.safehelpline.org or by calling 1-877-995-5247, and

through the Safe Helpline mobile application.

Is to be utilized as the sole DoD hotline.

Does not replace local base and installation SARC or SAPR VA contact information.

SAFE Kit. Defined in Reference (c).

safety assessment. A set of guidelines and considerations post-sexual assault that the responsible

personnel designated by the Installation Commander can follow to determine if a sexual assault

survivor is likely to be in imminent danger of physical or psychological harm as a result of being

victimized by or reporting sexual assault(s). The guidelines and considerations consist of a

sequence of questions, decisions, referrals, and actions that responders can enact to contribute to

the safety of survivors during the first 72 hours after a report, and during other events that can

increase the lethality risk for survivors (e.g., arrests or command actions against the alleged

perpetrators). Types of imminent danger may include non-lethal, lethal, or potentially lethal

behaviors; the potential harm caused by the alleged perpetrator, family/friend(s)/acquaintance(s)

of the alleged perpetrator, or the survivors themselves (e.g., harboring self-harm or suicidal

thoughts). The safety assessment includes questions about multiple environments, to include

home and the workplace. Survivors are assessed for their perception or experience of potential

danger from their leadership or peers via reprisal or ostracism. The safety assessment contains a

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safety plan component that survivors can complete and take with them to help improve coping,

social support, and resource access during their recovery period.

SAPR IPT. A team of individuals that advises the USD(P&R) and the Secretary of Defense on

policies for sexual assault issues involving persons covered by this Instruction. The SAPR IPT

serves as the implementation and oversight arm of the SAPR Program. It coordinates policy and

reviews the DoD’s SAPR policies and programs consistent with this Instruction and Reference

SAPRO.

SAPR Program. Defined in Reference (c).

SAPR services. Services provided by a SARC and SAPR VA.

SAPR VA. Defined in Reference (c).

SAPRO. Defined in Reference (c).

SARC. Defined in Reference (c).

secondary victimization. The re-traumatization of the sexual assault, abuse, or rape victim. It is

an indirect result of assault that occurs through the responses of individuals and institutions to

the victim. The types of secondary victimization include victim blaming, inappropriate behavior

or language by medical personnel and by other organizations with access to the victim post

assault.

Service member. Defined in Reference (c).

sexual assault. Intentional sexual contact characterized by the use of force, threats, intimidation,

or abuse of authority or when the victim does not or cannot consent. As used in this Instruction,

the term includes a broad category of sexual offenses consisting of the following specific UCMJ

offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible

sodomy (forced oral or anal sex), or attempts to commit these offenses.

SVC. Attorneys who are assigned to provide legal assistance and representation in accordance

with section 1044e of Reference (d) and Service regulations. The Air Force, Army, NG, and

Coast Guard refer to these attorneys as SVC. The Navy and Marine Corps refer to these

attorneys as VLC.

SVIP Capability. In accordance with Reference (m), a distinct, recognizable group of

appropriately skilled professionals, including MCIO investigators, judge advocates, victim

witness assistance personnel, and administrative paralegal support personnel, who work

collaboratively to:

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Investigate and prosecute allegations of child abuse (involving sexual assault or aggravated

assault with grievous bodily harm), domestic violence (involving sexual assault or aggravated

assault with grievous bodily harm), and adult sexual assault (not involving domestic offenses)

Provide support for the victims of such offenses.

trauma informed care. An approach to engage people with histories of trauma that recognizes

the presence of trauma symptoms and acknowledges the role that trauma has played in their

lives. Trauma-informed services are based on an understanding of the vulnerabilities or triggers

of trauma survivors that traditional service delivery approaches may exacerbate, so that these

services and programs can be more supportive and avoid re-traumatization.

Unrestricted Reporting. Defined in Reference (c).

VWAP. Provides guidance in accordance with Reference (al) for assisting victims and witnesses

of crime from initial contact through investigation, prosecution, and confinement. Particular

attention is paid to victims of serious and violent crime, including child abuse, domestic

violence, and sexual misconduct.

victim. Defined in Reference (c).

VLC. Attorneys who are assigned to provide legal assistance and representation in accordance

with section 1044e of Reference (d) and Service regulations. The Navy and Marine Corps refer

to these attorneys as VLC. The Air Force, Army, NG, and Coast Guard refer to these attorneys

as SVC.

Structure Bookmarks

Part

Figure
Department of Defense
INSTRUCTION
NUMBER 6495.02
March 28, 2013
Incorporating Change 3, May 24, 2017
Figure
Figure
Figure
USD(P&R)
SUBJECT: Sexual Assault Prevention and Response (SAPR) Program Procedures
References: See Enclosure 1
1. PURPOSE. This Instruction reissues DoD Instruction (DoDI) 6495.02 (Reference (a)), in accordance with the authority in DoD Directives (DoDD) 5124.02 and 6495.01 (References (b) and (c)):
a. Establishes policy and implements Reference (c) and assigns responsibilities and provides guidance and procedures for the SAPR Program (see Glossary in Reference (c)).
b. Establishes the processes and procedures for the Sexual Assault Forensic Examination (SAFE) Kit.
c. Establishes the multidisciplinary Case Management Group (CMG) (see Glossary) and provides guidance on how to handle sexual assault.
d. Establishes SAPR minimum program standards, SAPR training requirements, and SAPR requirements for the DoD Annual Report on Sexual Assault in the Military consistent with Title 10, United States Code (Reference (d)) the DoD Task Force Report on Care for Victims of Sexual Assault (Reference (e)) and pursuant to References (b) and (c), and Public Laws 106-65, 108-375, 109-163, 109-364, 110-417, 111-84, 111-383, 112-81, 112-239, 113-66, and 113-291 (References (f) through (p)).
e. Implements section 536 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Reference (q)) that preempts State laws that require disclosure of personally identifiable information (PII) of the adult sexual assault victim or alleged perpetrator to local or State law enforcement.
f. Incorporates and cancels Directive-Type Memorandum (DTM) 11-063 (Reference (r)) and DTM 11-062 (Reference (s)) DTM 14-007(Reference (t)).
2. APPLICABILITY
a. This Instruction applies to:
(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Inspector General of the Department of
Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (hereinafter referred to collectively as the “DoD Components”).
(2) National Guard (NG) and Reserve members who are sexually assaulted when performing active service, as defined in section 101(d)(3) of Reference (d), and inactive duty training. If reporting a sexual assault that occurred prior to or while not performing active service or inactive training, NG and Reserve members will be eligible to receive timely access to SAPR advocacy services from a SARC and a SAPR VA, and the appropriate non-medical referrals, if requested, in accordance with section 584(a) of th
(3) Military dependents 18 years of age and older who are eligible for treatment in the military healthcare system (MHS), at installations in the continental United States (CONUS) and outside of the continental United States (OCONUS), and who were victims of sexual assault perpetrated by someone other than a spouse or intimate partner (See Glossary). Adult military dependents may file unrestricted or restricted reports of sexual assault.
(4) The following non-military individuals who are victims of sexual assault are only eligible for limited emergency care medical services at a military treatment facility (MTF), unless that individual is otherwise eligible as a Service member or TRICARE (http://www.tricare.mil) beneficiary of the military health system to receive treatment in a MTF at no cost to them. At this time, they are only eligible to file an Unrestricted Report. They will also be offered the LIMITED SAPR services to be defined as
(a) DoD civilian employees and their family dependents 18 years of age and older when they are stationed or performing duties OCONUS and eligible for treatment in the MHS at military installations or facilities OCONUS. These DoD civilian employees and their family dependents 18 years of age and older only have the Unrestricted Reporting option.
(b) U.S. citizen DoD contractor personnel when they are authorized to accompany the Armed Forces in a contingency operation OCONUS and their U.S. citizen employees. DoD
contractor personnel only have the Unrestricted Reporting option. Additional medical services may be provided to contractors covered under this instruction in accordance with DoDI 3020.41 (Reference (u)) as applicable.
(5) Service members who were victims of sexual assault PRIOR to enlistment or commissioning are eligible to receive SAPR services (see Glossary) under either reporting option. The DoD shall provide support to Service members regardless of when or where the sexual assault took place. The SARC or SAPR VA will assist a victim to complete a DD Form 2910, “Victim Reporting Preference Statement,” and provide advocacy services and the appropriate referrals, if requested, for victimization occurring prior to mil
(a) Prior- to- military service victimization includes adult sexual assault (including stranger sexual assault and intimate partner sexual assault, if the victim is no longer in the same intimate relationship) and sexual assault that was perpetrated on the Service member while he or she was still a child.
(b) Reports of prior-to-military service sexual assault will be handled in accordance with the procedures for Restricted and Unrestricted Reports outlined in this instruction, as appropriate based on the type of report made (Restricted or Unrestricted).
b. This instruction does NOT apply to victims of sexual assault perpetrated by a spouse or intimate partner (see Glossary), or military dependents under the age of 18 who are sexually assaulted. The Family Advocacy Program (FAP), as described in Volume 2 of DoD Manual 6400.1 (Reference (v)), provides the full range of services to those individuals. When a sexual assault occurs as a result of domestic abuse or involves child abuse, the installation SARC and the installation FAP staff will direct the victi
3. DEFINITIONS. See Glossary.
4. POLICY. It is DoD policy, in accordance with Reference (c), that:
a. This Instruction and Reference (c) establish and implement the DoD SAPR program. Unrestricted and Restricted Reporting options are available to Service members and their adult military dependents in accordance with this Instruction.
b. The DoD goal is a culture free of sexual assault, through an environment of prevention, education and training, response capability (see Glossary), victim support, reporting procedures, and appropriate accountability that enhances the safety and well-being of all persons covered by this Instruction and Reference (c).
(1) While a sexual assault victim may disclose information to whomever he or she chooses, an official report is made only when a DD Form 2910 is signed and filed with a SARC or SAPR VA, or when a Military Criminal Investigative Organization (MCIO) investigator initiates an investigation.
(2) For Restricted and Unrestricted Reporting purposes, a report can be made to healthcare personnel, but healthcare personnel then immediately contact the SARC or SAPR VA to fill out the DD Form 2910. Chaplains and military attorneys cannot take official reports.
(3) State laws that require disclosure of PII of the adult sexual assault victim or alleged perpetrator to local or State law enforcement are preempted by Reference (q).
(4) Unless a DD Form 2910 is filed with a SARC, a report to a Chaplain or military attorney may not result in the rendering of SAPR services or investigative action because of the privileges associated with speaking to these individuals. A Chaplain or military attorney should advise the victim to consult with a SARC to understand the full scope of services available or facilitate, with the victim’s consent, contact with a SARC.
c. The SAPR Program shall:
(1) Focus on the victim and on doing what is necessary and appropriate to support victim recovery, and also, if a Service member, to support that Service member to be fully mission capable and engaged.
(2) Require that medical care and SAPR services are gender-responsive, culturally competent, and recovery-oriented as defined in the Glossary of Reference (c).
(3) Not provide policy for legal processes within the responsibility of the Judge Advocates General (JAG) of the Military Departments provided in sections 801-946 of Reference (d), also known and referred to in this instruction as the Uniform Code of Military Justice (UCMJ); the Manual for Courts-Martial (Reference (u)); or for criminal investigative matters assigned to the IG DoD.
d. Command sexual assault awareness and prevention programs and DoD law enforcement (see Glossary) and criminal justice procedures that enable persons to be held appropriately accountable for their actions shall be supported by all commanders.
e. Standardized SAPR requirements, terminology, guidelines, protocols, and guidelines for training materials shall focus on awareness, prevention, and response at all levels, as appropriate.
f. SARC and SAPR VA shall be used as standard terms as defined in and in accordance with Reference (c) throughout the Military Departments to facilitate communications and transparency regarding SAPR response capability.
g. The SARCs shall serve as the single point of contact for coordinating care to ensure that sexual assault victims receive appropriate and responsive care. All SARCs shall be authorized to perform victim advocate duties in accordance with service regulations and will be acting in the performance of those duties.
h. All SARCs shall have direct and unimpeded contact and access to the installation commander (see Glossary) and the immediate commander of the Service member victim and alleged Service member offender for the purpose of this Instruction and Reference (c). The installation commander will have direct contact with the SARC(s) and this responsibility is not further delegable.
(1) If an installation has multiple SARCs on the installation, a Lead SARC shall be designated by the Service.
(2) For SARCs that operate within deployable commands that are not attached to an installation, they shall have access to the senior commander for the deployable command.
i. A 24 hours, 7 days per week sexual assault response capability for all locations, including deployed areas, shall be established for persons covered in this Instruction. An immediate, trained sexual assault response capability shall be available for each report of sexual assault in all locations, including in deployed locations.
j. SARCs, SAPR VAs, and other responders (see Glossary) will assist sexual assault victims regardless of Service affiliation.
k. Service member and adult military dependent victims of sexual assault shall receive timely access to comprehensive medical and psychological treatment, including emergency care treatment and services, as described in this Instruction and Reference (c).
l. Sexual assault victims shall be given priority, and treated as emergency cases. Emergency care (see Glossary) shall consist of emergency medical care and the offer of a SAFE. The victim shall be advised that even if a SAFE is declined the victim shall be encouraged (but not mandated) to receive medical care, psychological care, and victim advocacy.
m. DoD prohibits granting a waiver for commissioning or enlistment in the Military Services when the person has a qualifying conviction (see Glossary) for a crime of sexual assault or is required to be registered as a sex offender.
n. There will be a safety assessment capability for the purposes of ensuring the victim, and possibly other persons, are not in physical jeopardy. A safety assessment will be available to all Service members, adult military dependents, and civilians who are eligible for SAPR services, even if the victim is not physically located on the installation. The installation commander or the deputy installation commander will identify installation personnel who have been trained and are able to perform a safety a
(1) For Unrestricted Reports, if a victim is assessed to be in a high-risk situation, the assessor will immediately contact the installation commander or his or her deputy, who will
immediately stand up a multi-disciplinary High-Risk Response Team in accordance with the guidance in Enclosure 9 of this Instruction. This will be done even if the victim is not physically located on the installation.
(2) For Restricted Reports, if the victim is assessed to be in a high-risk situation, it may qualify as an exception to Restricted Reporting, which is necessary to prevent or mitigate a serious and imminent threat to the health or safety of the victim or another person. The SARC will be immediately notified. The SARC will disclose the otherwise-protected confidential information only after consultation with the staff judge advocate (SJA) of the installation commander, supporting judge advocate, or other
o. Service members who file an Unrestricted Report of sexual assault shall be informed by the SARC or SAPR VA at the time of making the report, or as soon as practicable, of the option to request an Expedited Transfer, in accordance with the procedures for commanders in Enclosure 5 of this Instruction. A Service member may request:
(1) A temporary or permanent Expedited Transfer from their assigned command or installation to a different command or installation; or
(2) A temporary or permanent Expedited Transfer to a different location within their assigned command or installation.
p. An enlisted Service member or a commissioned officer who made an Unrestricted Report of sexual assault and is recommended for involuntary separation from the Military Services within 1 year of final disposition of his or her sexual assault case may request a general or flag officer (G/FO) review of the circumstances of and grounds for the involuntary separation in accordance with DoD Instructions 1332.14 and 1332.30 (References (x) and (y)).
(1) A Service member requesting this review must submit his or her written request to the first G/FO in the separation authority’s chain of command before the separation authority approves the member’s final separation action.
(2) Requests submitted after final separation action is complete will not be reviewed by a G/FO, but the separated Service member may apply to the appropriate Service Discharge Review Board or Board of Correction of Military/Naval Records of their respective Service for consideration.
(3) A Service member who submits a timely request will not be separated until the G/FO conducting the review concurs with the circumstances of and the grounds for the involuntary separation.
q. DoD prohibits granting a waiver for commissioning or enlistment in the Military Services when the person has a qualifying conviction (see Glossary) for a crime of sexual assault, or a conviction for an attempt of a sexual assault crime, or has ever been required to be registered as a sex offender, in accordance with section 657 of Reference (d).
r. A Service member whose conviction of rape, sexual assault, forcible sodomy, or an attempt to commit one of the offenses is final, and who is not punitively discharged in connection with such convictions, will be processed for administrative separation for misconduct in accordance with DoD Instruction 1332.14 and DoD Instruction 1332.30 (References (xv) enlisted personnel and (y) commissioned officers).
s. Information regarding Restricted Reports should only be released to persons authorized to accept Restricted Reports or as authorized by law or DoD regulation. Improper disclosure of confidential communications under Restricted Reporting or improper release of medical information are prohibited and may result in disciplinary action pursuant to the UCMJ or other adverse personnel or administrative actions.
t. Information regarding Unrestricted Reports should only be released to personnel with an official need to know or as authorized by law. Improper disclosure of confidential communications under Unrestricted Reporting or improper release of medical information are prohibited and may result in disciplinary action pursuant to the UCMJ or other adverse personnel or administrative actions.
u. The DoD will retain the DD Forms 2910, “Victim Reporting Preference Statement,” and 2911, “DoD Sexual Assault Forensic Examination (SAFE) Report,” for 50 years, regardless of whether the Service member filed a Restricted or Unrestricted Report as defined in Reference (c). Personally identifiable information (PII) will be protected in accordance with sections 552a of title 5, United States Code, also known as the Privacy Act of 1974 (Reference (z)) and DoDD 5400.11 and Public Law 104-191 (References (aa
(1) Document Retention and SAFE Kit Retention for Unrestricted Reports:
(a) The SARC will enter the Unrestricted Report DD Form 2910in the Defense Sexual Assault Incident Database (DSAID) (see Glossary in Reference (c)) as an electronic record within 48 hours of the report, where it will be retained for 50 years from the date the victim signed the DD Form 2910. The DD Form 2910 is located at the DoD Forms Management Program website at http://www.dtic.mil/whs/directives/forms/index.htm.
(b) The DD Form 2911 shall be retained in accordance with DoDI 5505.18 (Reference (ac)). The DD Form 2911 is located at the DoD Forms Management Program website at http://www.dtic.mil/whs/directives//forms/index.htm.
(c) If the victim had a SAFE, the SAFE Kit will be retained for 5 years in accordance with Reference (ac) and in accordance with section 586 of Reference (m), as amended by section 538 of Reference (p). When the forensic examination is conducted at a civilian facility through a memorandum of understanding (MOU) or a memorandum of agreement (MOA) with the DoD,
the requirement for the handling of the forensic kit will be explicitly addressed in the MOU or MOA. The MOU or MOA with the civilian facility will address the processes for contacting the SARC and for contacting the appropriate DoD agency responsible for accepting custody of the SAFE.
(d) Personal property retained as evidence collected in association with a sexual assault investigation will be retained for a period of 5 years. Personal property may be returned to the rightful owner of such property after the conclusion of all legal, adverse action and administrative proceedings related to such incidents in accordance with section 586 of the NDAA for FY 2012, as amended by section 538 of Reference (p) and DoD regulations.
(2) Document Retention and SAFE Kit Retention for Restricted Reports:
(a) The SARC will retain a copy of the Restricted Report DD Form 2910 for 50 years, consistent with DoD guidance for the storage of PII. The 50-year time frame for the DD Form 2910 will start from the date the victim signs the DD Form 2910. For Restricted Reports, forms will be retained in a manner that protects confidentiality.
(b) If the victim had a SAFE, the Restricted Report DD Form 2911 will be retained for 50 years, consistent with DoD guidance for the storage of PII. The 50-year time frame for the DD Form 2911 will start from the date the victim signs the DD Form 2910, but if there is no DD Form 2910, the timeframe will start from the date the SAFE Kit is completed. Restricted Report forms will be retained in a manner that protects confidentiality.
(c) If the victim had a SAFE, the SAFE Kit will be retained for 5 years in a location designated by the Military Service concerned. When the forensic examination is conducted at a civilian facility through an MOU or an MOA with the DoD, the requirement for the handling of the forensic kit will be explicitly addressed in the MOU or MOA. The MOU or MOA with the civilian facility will address the processes for contacting the SARC and for contacting the appropriate DoD agency responsible for accepting custod
(d) Personal property retained as evidence collected in association with a sexual assault investigation will be retained for a period of 5 years. In the event the report is converted to Unrestricted or an independent investigation is conducted, personal property may be returned to the rightful owner of such property after the conclusion of all legal, adverse action and administrative proceedings related to such incidents in accordance with section 586 of Reference (m), as amended by section 538 of Referen
v. Current or former Service members who made a report of sexual assault may contact their respective Service SAPR headquarters office or Service or NG SARCs for help accessing their DD Forms 2910 and 2911. Requests for release of information relating to sexual assaults will be processed by the organization concerned, in accordance with the procedures specified in the sections 552 and 552a of Reference (z), also known as “The Freedom of Information Act” and “The Privacy Act of 1974” respectively.
w. Service members who file Unrestricted and Restricted Reports of sexual assault and/or their dependents shall be protected from retaliation, reprisal, ostracism, maltreatment, or threats thereof, for filing a report.
x. An incident report must be submitted in writing within 8 days after an Unrestricted Report of sexual assault has been made in accordance with section 1743 of Reference (o). This 8-day incident report will only be provided to personnel with an official need to know.
y. At the time of reporting, victims must be informed of the availability of legal assistance and the right to consult with a SVC/VLC in accordance with section 1044e of Reference (d).
z. Consistent with the Presidential Memorandum (Reference (ad)), sexual assaults in DoD confinement facilities involving Service members will be governed by Part 115 of Title 28, Code of Federal Regulations (Reference (ae)).
5. RESPONSIBILITIES. See Enclosure 2.
6. PROCEDURES. See Enclosures 3 through 12.
7. INFORMATION COLLECTIONS.
a. The DSAID, the DD Form 2910, and the DD Form 2965, “Defense Sexual Assault Incident Database (DSAID) Data Form,” referred to in this Instruction, have been assigned Office of Management and Budget control number 0704-0482 in accordance with the procedures in Volume 2 of DoD Manual 8910.01 (Reference (af)).
b. The annual report regarding sexual assaults involving Service members and improvement to sexual assault prevention and response programs referred to in paragraph 6.z. of Enclosure 2; paragraphs 1.i., 1.j., and 1.l. of Enclosure 3; paragraph 3.h.(2) and 6.i. of Enclosure 5; and sections 1 and 4 of Enclosure 12 of this Instruction is submitted to Congress in accordance with section 1631(d) of Reference (l) and is coordinated with the Assistant Secretary of Defense for Legislative Affairs in accordance wit
c. The quarterly reports of sexual assaults involving Service members referred to in Enclosures 2, 3, 10, 11, and 12 of this Instruction are prescribed by Reference (b) and have been assigned report control symbol DD-P&R(Q)2205 in accordance with the procedures in Reference (af) and Volume 1 of DoD Manual 8910.01 (Reference (ah)).
d. The Service Academy sexual assault survey referred to in section 3 of Enclosure 12 of this Instruction has been assigned report control symbol DD-P&R(A)2198 in accordance with the procedures in References (af) and (ah).
e. The Survivor Experience Survey, referred to in section 1 of Enclosure 12 of this Instruction and conducted by the Defense Manpower Data Center (DMDC), has been assigned the Report Control Symbol DD-P&R(AR)2554 in accordance with the procedures in Reference (af).
8. RELEASABILITY. Cleared for public release. This Instruction is available on the DoD Issuances Website at http://www.dtic.mil/whs/directives.
9. SUMMARY OF CHANGE 3. The changes to this issuance are administrative and update organizational titles and references for accuracy.
10. EFFECTIVE DATE. This Instruction is effective March 28, 2013.
Figure
Enclosures
1. References
2. Responsibilities
3. Oversight of the SAPR Program
4. Reporting Options and Sexual Assault Reporting Procedures
5. Commander and Management SAPR Procedures
6. SARC and SAPR VA Procedures
7. Healthcare Provider Procedures
8. SAFE Kit Collection and Preservation
9. Case Management for Unrestricted Reports of Sexual Assault
10. Training Requirements for DoD Personnel
11. DSAID
12. Sexual Assault Annual and Quarterly Reporting Requirements
Glossary
TABLE OF CONTENTS
ENCLOSURE 1: REFERENCES .................................................................................................14
ENCLOSURE 2: RESPONSIBILITIES .......................................................................................17
UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS (USD(P&R)) ......................................................................................................................17
DIRECTOR, DEPARTMENT OF DEFENSE HUMAN RESOURCE ACTIVITY (DoDHRA) .........................................................................................................................17
ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS (ASD(HA)) ............18
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC DoD) ......................19
IG DoD.....................................................................................................................................19
SECRETARIES OF THE MILITARY DEPARTMENTS......................................................19
CHIEF, NATIONAL GUARD BUREAU (NGB)...................................................................29
CHAIRMAN OF THE JOINT CHIEFS OF STAFF ...............................................................30
COMMANDERS OF THE COMBATANT COMMANDS ...................................................30
ENCLOSURE 3: OVERSIGHT OF THE SAPR PROGRAM.....................................................31
DIRECTOR, SAPRO ...............................................................................................................31
SAPR IPT.................................................................................................................................33
ENCLOSURE 4: REPORTING OPTIONS AND SEXUAL ASSAULT REPORTING PROCEDURES........................................................................................................................35
REPORTING OPTIONS .........................................................................................................35
INITIATING MEDICAL CARE AND TREATMENT UPON RECEIPT OF REPORT ......38
IMPLEMENTING DoD DUAL OBJECTIVES ......................................................................39
REPORTS AND COMMANDERS .........................................................................................39
EXCEPTIONS TO RESTRICTED REPORTING AND DISCLOSURES.............................40
ACTIONABLE RIGHTS.........................................................................................................42
RESOURCES FOR VICTIMS TO REPORT RETALIATION, REPRISAL, OSTRACISM, MALTREATMENT, SEXUAL HARASSMENT OR TO REQUEST AN EXPEDITED/SAFETY TRANSFER OR MILITARY PROTECTIVE ORDER (MPO)/CIVILIAN PROTECTIVE ORDER (CPO) ..........................................................42
ENCLOSURE 5: COMMANDER AND MANAGEMENT SAPR PROCEDURES ..................44
SAPR MANAGEMENT ..........................................................................................................44
INSTALLATION COMMANDER SAPR RESPONSE PROCEDURES ..............................44
COMMANDER SAPR RESPONSE PROCEDURES ............................................................45
MOUs OR MOAs WITH LOCAL CIVILIAN AUTHORITIES ............................................48
LINE OF DUTY (LOD) PROCEDURES ...............................................................................49
EXPEDITED VICTIM TRANSFER REQUESTS ..................................................................51
MILITARY PROTECTIVE ORDERS (MPO) .......................................................................56
COLLATERAL MISCONDUCT IN SEXUAL ASSAULT CASES .....................................58
COMMANDER SAPR PREVENTION PROCEDURES .......................................................59
ENCLOSURE 6: SARC AND SAPR VA PROCEDURES .........................................................61
SARC PROCEDURES ............................................................................................................61
SAPR VA PROCEDURES ......................................................................................................66
ENCLOSURE 7: HEALTHCARE PROVIDER PROCEDURES ...............................................68
ENCLOSURE 8: SAFE KIT COLLECTION AND PRESERVATION ......................................73
ENCLOSURE 9: CASE MANAGEMENT FOR UNRESTRICTED REPORTS OF SEXUAL ASSAULT ...............................................................................................................76
GENERAL ...............................................................................................................................76
PROCEDURES........................................................................................................................77
ENCLOSURE 10: TRAINING REQUIREMENTS FOR DoD PERSONNEL ...........................82
MANAGEMENT OF TRAINING REQUIREMENTS ..........................................................82
GENERAL TRAINING REQUIREMENTS ...........................................................................82
DoD PERSONNEL TRAINING REQUIREMENTS .............................................................86
G/FO AND SES PERSONNEL TRAINING REQUIREMENTS...........................................91
MILITARY RECRUITERS.....................................................................................................91
TRAINING FOR CIVILIANS WHO SUPERVISE SERVICE MEMBERS .........................91
RESPONDER TRAINING REQUIREMENTS ......................................................................91
ENCLOSURE 11: DSAID ..........................................................................................................106
PURPOSE ..............................................................................................................................106
PROCEDURES......................................................................................................................106
NOTIFICATION PROCEDURES AND RECORD ACCESS PROCEDURES ..................107
ENCLOSURE 12: SEXUAL ASSAULT ANNUAL AND QUARTERLY REPORTING REQUIREMENTS .................................................................................................................108
ANNUAL REPORTING FOR THE MILITARY SERVICES .............................................108
QUARTERLY REPORTS .....................................................................................................108
ANNUAL REPORTING FOR THE MILITARY SERVICE ACADEMIES (MSAs) .........109
ANNUAL REPORTING OF INSTALLATION DATA .......................................................109
APPENDIX TO ENCLOSURE 12
SEXUAL ASSAULT OFFENSE - INVESTIGATIVE DISPOSITION .........................111
GLOSSARY ................................................................................................................................115
PART I: ABBREVIATIONS AND ACRONYMS ..............................................................115
PART II: DEFINITIONS ......................................................................................................117
TABLES
1. Retention or Return to Active Duty of Reserve Component Members for LOD Determinations to Ensure Continuity of Care ....................................................................51
2. Victim Transfer Processes ..................................................................................................55
ENCLOSURE 1
REFERENCES
(a) DoD Instruction 6495.02, “Sexual Assault Prevention and Response Program Procedures,” June 23, 2006 (hereby cancelled)
(b) DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness (USD(P&R)),” June 23, 2008
(c) DoD Directive 6495.01, “Sexual Assault Prevention and Response (SAPR) Program,” January 23, 2012, as amended
(d) Title 10, United States Code
(e) Under Secretary for Personnel and Readiness Report, “Task Force Report on Care for Victims of Sexual Assault,” April 2004
(f) Public Law 106-65, “National Defense Authorization Act for Fiscal Year 2000,” October 5, 1999
(g) Public Law 108-375, “Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005,” October 28, 2004
(h) Public Law 109-163, “National Defense Authorization Act for Fiscal Year 2006,” January 6, 2006
(i) Public Law 109-364, “John Warner National Defense Authorization Act for Fiscal Year 2007,” October 17, 2006
(j) Sections 561, 562, and 563 of Public Law 110-417, “Duncan Hunter National Defense Authorization Act for Fiscal Year 2009,” October 14, 2008
(k) Public Law 111-84, “National Defense Authorization Act for Fiscal Year 2010,” October 28, 2009
(l) Public Law 111-383, “Ike Skelton National Defense Authorization Act for Fiscal Year 2011,” January 7, 2011
(m) Sections 584, 585, and 586 of Public Law 112-81, “National Defense Authorization Act for Fiscal Year 2012,” December 31, 2011
(n) Public Law 112-239, “National Defense Authorization Act for Fiscal Year 2013,” January 2, 2013
(o) Public Law 113-66, “National Defense Authorization Act for Fiscal Year 2014,” December 26, 2013
(p) Public Law 113-291, “Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015,” December 29, 2014
(q) Public Law 114-92, “National Defense Authorization Act for Fiscal Year 2016,” November 25, 2015
(r) Directive-Type Memorandum 11-063, “Expedited Transfer of Military Service Members Who File Unrestricted Reports of Sexual Assault,” December 16, 2011 (hereby cancelled)
(s) Directive-Type Memorandum 11-062, “Document Retention in Cases of Restricted and Unrestricted Reports of Sexual Assault,” December 16, 2011 (hereby cancelled)
(t) Directive-type Memorandum 14-007, “Sexual Assault Incident Response Oversight (SAIRO) Report,” September 30, 2014, as amended (hereby cancelled)
(u) DoD Instruction 3020.41, “Operational Contract Support (OCS),” December 20, 2011
(v) DoD Manual 6400.01, Volume 2, “Family Advocacy Program (FAP): Child Abuse and Domestic Abuse Incident Reporting System,” August 11, 2016
(w) U.S. Department of Defense, “Manual for Courts-Martial, United States,” current edition
(x) DoD Instruction 1332.14, “Enlisted Administrative Separations,” January 27, 2014, as amended
(y) DoD Instruction 1332.30, “Separation of Regular and Reserve Commissioned Officers,” November 25, 2013
(z) Title 5, United States Code
(aa) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014
(ab) Public Law 104-191, “Health Insurance Portability and Accountability Act of 1996,” August 21, 1996
(ac) DoD Instruction 5505.18, “Investigation of Adult Sexual Assault in the Department of Defense,” January 25, 2013, as amended
(ad) Presidential Memorandum, “Implementing the Prison Rape Elimination Act,” May 17, 2012
(ae)Part 115 of Title 28, Code of Federal Regulations, May 17, 2012
(af) DoD Manual 8910.01, Volume 2, “DoD Information Collections Manual: Procedures for DoD Public Information Collections,” June 30, 2014, as amended
(ag) DoD Instruction 5545.02, “DoD Policy for Congressional Authorization and Appropriations Reporting Requirements,” December 19, 2008
(ah) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD Internal Information Collections,” June 30, 2014, as amended
(ai) Department of Defense Instruction 6495.03, “Defense Sexual Assault Advocate Certification Program (D-SAACP),” September 10, 2015
(aj) U.S. Department of Justice, Office on Violence Against Women, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” current version
(ak) DoD Instruction 5505.19, “Establishment of Special Victim Investigation and Prosecution (SVIP) Capability within the Military Criminal Investigative Organizations (MCIOs),” February 3, 2015, as amended
(al) DoD Instruction 1030.2, “Victim and Witness Assistance Procedures,” June 4, 2004
(am) DoD Directive 7050.06, “Military Whistleblower Protection,” April 17, 2015
(an) Under Secretary of Defense for Personnel and Readiness Memorandum, “Guidelines for the DoD Safe Helpline,” January 22, 2015
(ao) DoD Directive 1350.2, “Department of Defense Military Equal Opportunity (MEO) Program,” August 18, 1995, as amended
(ap) Directive-type Memorandum 14-003, “DoD Implementation of Special Victim Capability (SVC) Prosecution and Legal Support,” February 12, 2014 (as amended)
(aq) Under Secretary of Defense for Personnel and Readiness Memorandum, “Certification Standards for Department of Defense Sexual Assault Prevention and Response Program Managers,” March 10, 2015
(ar) DoD Instruction 6400.07, “Standards for Victim Assistance Services in the Military Community,” November 25, 2013
(as) DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003
(at) Executive Order 13593, “2011 Amendments to the Manual for Courts-Martial, United States,” December 13, 2011
(au) “DoD Retaliation Prevention and Response Strategy: Regarding Sexual Assault and Harassment Reports,” April 2016
(av) DoD Directive 1030.01, “Victim and Witness Assistance,” April 13, 2004, as amended
(aw) Secretary of Defense Memorandum, “Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases,” April 20, 2012
(ax) Department of Defense, “Department of Defense 2014-2016 Sexual Assault Prevention Strategy,” April 30, 2014
(ay) DoD Directive 5136.13, “Defense Health Agency (DHA),” September 30, 2013
(az) U.S. Department of Justice, Office on Violence Against Women, “National Training Standards for Sexual Assault Medical Forensic Examiners,” current version
(ba) DoD Instruction 6025.13, “Medical Quality Assurance (MQA) and Clinical Quality Management in the Military Health Care System (MHS)”, February 17, 2011, as amended
(bb) Under Secretary of Defense for Personnel and Readiness Memorandum, “Legal Assistance for Victims of Crime,” October 17, 2011
(bc) DoD 4165.66-M, “Base Redevelopment and Realignment Manual,” March 1, 2006
ENCLOSURE 2
RESPONSIBILITIES
1. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS (USD(P&R)). The USD(P&R), in accordance with the authority in References (b) and (c), shall:
a. Oversee the DoD Sexual Assault Prevention and Response Office (SAPRO) (see Glossary in Reference (c)) in accordance with Reference (c).
b. Direct DoD Component implementation of this Instruction in compliance with Reference (c).
c. Direct that Director, SAPRO, be informed of and consulted on any changes in DoD policy or the UCMJ relating to sexual assault.
d. With the Director, SAPRO, update the Deputy Secretary of Defense on SAPR policies and programs on a semi-annual schedule.
e. Direct the implementation, use, and maintenance of DSAID.
f. Oversee DoD SAPRO in developing DoD requirements for SAPR education, training, and awareness for DoD personnel consistent with this Instruction.
g. Appoint a G/FO or Senior Executive Service (SES) equivalent in the DoD as the Director, SAPRO, in accordance with section 1611(a) of the Ike Skelton NDAA for FY 2011 (Reference (l)), as amended by section 583 of Reference (m), the NDAA for FY 2012.
h. In addition to the Director, SAPRO, assign at least one military officer from each of the Military Services and a National Guard member in title 10 status in the grade of O–4 or above to SAPRO for a minimum tour length of at least 18 months. Of the military officers assigned to the SAPRO, at least one officer shall be in the grade of O–6 or above in accordance with section 1611(d) of Reference (m).
i. Maintain the Defense Sexual Assault Advocate Certification Program (D-SAACP), the DoD-wide certification program (see Glossary), with a national accreditor to ensure all sexual assault victims are offered the assistance of a SARC or SAPR VA who has obtained this certification in accordance with DoDI 6495.03 (Reference (ai)).
j. Maintain the DoD Safe Helpline (see Glossary) to ensure members of the DoD community are provided with the specialized hotline help they need, anytime, anywhere.
2. DIRECTOR, DEPARTMENT OF DEFENSE HUMAN RESOURCE ACTIVITY (DoDHRA). The Director, DoDHRA, under the authority, direction, and control of the
USD(P&R), shall provide operational support, budget, and allocate funds and other resources for the DoD SAPRO as outlined in Reference (c).
3. ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS (ASD(HA)). The ASD(HA), under the authority, direction, and control of the USD(P&R), shall:
a. Establish DoD sexual assault healthcare policies, clinical practice guidelines, related procedures, and standards governing the DoD healthcare programs for victims of sexual assault.
b. Oversee the requirements and procedures in Enclosure 7 of this Instruction.
c. Establish guidance to:
(1) Give priority to sexual assault patients at MTFs as emergency cases.
(2) Require standardized, timely, accessible, and comprehensive medical care at MTFs for eligible persons who are sexually assaulted.
(3) Require that medical care is consistent with established community standards for the healthcare of sexual assault victims and the collection of forensic evidence from victims, in accordance with the U.S. Department of Justice Protocol (Reference (aj)), instructions for victim and alleged offender exams found in the SAFE Kit, and DD Form 2911.
(a) Minimum standards of healthcare intervention that correspond to clinical standards set in the community shall include those established in Reference (aj). However, clinical guidance shall not be solely limited to this resource.
(b) Prescribe training and certification requirements for sexual assault medical forensic examiners.
(c) Healthcare providers providing care to sexual assault victims in theaters of operation are required to have access to the current version of Reference (aj).
(4) Include deliberate planning to strategically position healthcare providers skilled in SAFE at predetermined echelons of care, for personnel with the responsibility of assigning medical assets.
d. Establish guidance for medical personnel that requires a SARC or SAPR VA to be called in for every incident of sexual assault for which treatment is sought at the MTFs, regardless of the reporting option.
e. Establish guidance in drafting MOUs or MOAs with local civilian medical facilities to provide DoD-reimbursable healthcare (to include psychological care) and forensic examinations for Service members and TRICARE eligible sexual assault victims in accordance with Enclosure
7 of this Instruction. As part of the MOU or MOA, a SARC or SAPR VA will be notified for every incident of sexual assault.
f. Establish guidelines and procedures for the Surgeons General of the Military Departments to require that an adequate supply of resources, to include personnel, supplies, and SAFE Kits, is maintained in all locations where SAFEs may be conducted by DoD, including deployed locations. Maintaining an adequate supply of SAFE Kits is a shared responsibility of the ASD(HA) and Secretaries of the Military Departments.
g. In accordance with Enclosure 10 of this Instruction, establish minimum standards for initial and refresher SAPR training required for all personnel assigned to MTFs and for specialized training for responders and healthcare providers.
4. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC DoD). The GC DoD, shall:
a. Provide legal advice and assistance on proposed policies, DoD issuances, proposed exceptions to policy, and review of all legislative proposals affecting mission and responsibilities of SAPRO.
b. Inform the USD(P&R) of any sexual assault related changes to the UCMJ.
5. IG DOD. The IG DoD shall:
a. Establish guidance and provide oversight for the investigations of sexual assault in the DoD to meet the SAPR policy and training requirements of this Instruction.
b. Inform the USD(P&R) of any changes relating to sexual assault investigation policy or guidance.
c. Collaborate with SAPRO in the development of investigative policy in support of sexual assault prevention and response.
6. SECRETARIES OF THE MILITARY DEPARTMENTS. The Secretaries of the Military Departments shall:
a. Establish SAPR policy and procedures to implement this Instruction.
b. Coordinate all Military Service SAPR policy changes with the USD(P&R).
c. Establish and publicize policies and procedures regarding the availability of a SARC.
(1) Require that sexual assault victims receive appropriate and responsive care and that the SARC serves as the single point of contact for coordinating care for victims.
(2) Direct that the SARC or a SAPR VA be immediately called in every incident of sexual assault on a military installation. There will be situations where a sexual assault victim receives medical care and a SAFE outside of a military installation through an MOU or MOA with a local private or public sector entity. In these cases, the MOU or MOA will require that a SARC be notified as part of the MOU or MOA.
(3) When a victim has a temporary change of station or permanent change of station or is deployed, direct that SARCs immediately request victim consent to transfer case management documents. Require the SARC to document the consent to transfer in the DD Form 2910. Upon receipt of victim consent, SARCs shall expeditiously transfer case management documents to ensure continuity of care and SAPR services. All Federal, DoD, and Service privacy regulations must be strictly adhered to. However, when the SARC
(4) Require the assignment of at least one full-time SARC and one full-time SAPR VA to each brigade or equivalent unit in accordance with section 584 of Reference (m). Additional full- time or part-time SARCs and SAPR VAs may be assigned as necessary based on the demographics or needs of the unit in accordance with Reference (m). Only Service members or DoD civilians will serve as SARCs and SAPR VAs in accordance with section 584 of Reference (m).
(5) Sexual assault victims shall be offered the assistance of a SARC and/or SAPR VA who has been credentialed by the D-SAACP. D-SAACP certification requirements are contained in the DD Form 2950, “Department of Defense Sexual Assault Advocate Certification Program Application Packet,” and Reference (ai).
(6) Issue guidance to ensure that equivalent standards are met for SAPR where SARCs are not installation-based but instead work within operational and/or deployable organizations.
d. Establish guidance to meet the SAPR training requirements for legal, MCIO, DoD law enforcement, responders, and other Service members in Enclosure 10 of this Instruction.
e. Establish standards and periodic training for healthcare personnel and healthcare providers regarding the Unrestricted and Restricted Reporting options of sexual assault in accordance with Enclosure 10 of this Instruction. Enforce eligibility standards for healthcare providers to perform SAFEs.
f. Require first responders (see Glossary) to be identified upon their assignment and trained, and require that their response times be continually monitored by their commanders to ensure timely response to reports of sexual assault. The response for MCIOs is governed by DoDI
5505.19 (Reference (ak)). See Enclosure 10 of this Instruction for training requirements. Ensure established response time is based on local conditions but reflects that sexual assault victims will be treated as emergency cases.
g. Upon request, submit a copy of SAPR training programs or SAPR training elements to the USD(P&R) through SAPRO for evaluation of consistency and compliance with DoD SAPR training standards in this Instruction and current SAPR core competencies and learning objectives. The Military Departments will correct USD(P&R) identified DoD SAPR policy and training standards discrepancies.
h. Establish policy that ensures commanders are accountable for implementing and executing the SAPR program at their installations consistent with this Instruction, Reference (c), and their Service regulations.
i. Require the assignment of at least one full-time sexual assault medical forensic examiner to each MTF that has an emergency department that operates 24 hours per day. Additional sexual assault medical forensic examiners may be assigned based on the demographics of the patients who utilize the MTF.
j. In cases of MTFs that do not have an emergency department that operates 24 hours per day, require that a sexual assault medical forensic examiner be made available to a patient of the facility through an MOU or MOA with local private or public sector entities and consistent with Reference (aj), when a determination is made regarding the patient’s need for the services of a sexual assault medical forensic examiner. The MOU or MOA will require that SARCs or SAPR VAs are contacted and that SAFE Kits are c
k. Establish guidance to direct that all Unrestricted Reports of violations (to include attempts) of sexual assault and non-consensual sodomy, as defined in Reference (d), against adults are immediately reported to the MCIO.
(1) A unit commander who receives an Unrestricted Report of an incident of sexual assault shall immediately refer the matter to the appropriate MCIO. A unit commander shall not conduct internal, command-directed investigations on sexual assault allegations (i.e., no referrals to appointed command investigators or inquiry officers) or delay immediately contacting the MCIOs while attempting to assess the credibility of the report.
(2) Commander(s) of the Service member(s) who is a subject of a sexual assault allegation shall, as soon as possible, provide in writing all disposition data, to include any administrative or judicial action taken, if any, stemming from the sexual assault investigation to the MCIO.
(3) Once the investigation is completed, MCIOs shall submit case disposition data that satisfies the reporting requirements for DSAID identified in Enclosure 11 and the annual reporting requirements in Enclosure 12 of this Instruction.
l. Establish SAPR policy that requires commanders to be responsive to a victim’s desire to discuss his or her case with the installation commander tasked by the Military Service with oversight responsibility for the SAPR program in accordance with Reference (c).
m. Establish standards for command assessment of organizational SAPR climate, including periodic follow-up assessments. In accordance with section 572 of Reference (n), these standards will require that commanders conduct such climate assessments within 120 days of assuming command and annually thereafter.
n. As a shared responsibility with ASD(HA), direct installation commanders to maintain an adequate supply of SAFE Kits in all locations where SAFEs are conducted, including deployed locations. Direct that Military Service SAPR personnel, to include medical personnel, are appropriately trained on protocols for the use of the SAFE Kit and comply with prescribed chain of custody procedures described in their Military Service-specific MCIO procedures.
o. Establish procedures that require, upon seeking assistance from a SARC, SAPR VA, MCIO, the Victim Witness Assistance Program (VWAP), or trial counsel, that each Service member who reports that he or she has been a victim of a sexual assault be informed of and given the opportunity to:
(1) Consult with SVC/VLC, legal assistance counsel, and in cases where the victim may have been involved in collateral misconduct (see Glossary), to consult with defense counsel.
(a) When the alleged perpetrator is the commander or in the victim’s chain of command, such victims shall be informed of the opportunity to go outside the chain of command to report the offense to other commanding officers or an Inspector General. Victims shall be informed that they can also seek assistance from the DoD Safe Helpline (see Glossary).
(b) The victim shall be informed that legal services are optional and may be declined, in whole or in part, at any time.
(c) Commanders shall require that information and services concerning the investigation and prosecution be provided to victims in accordance with VWAP procedures in DoDI 1030.2 (Reference (al)).
(2) Have a SARC or SAPR VA present when law enforcement or trial counsel interviews the victim.
(3) Have a SARC or SAPR VA, counsel for the government, or SVC or VLC present, when defense counsel interviews the victim, in accordance with Article 46 of the UCMJ (section 846 of Reference (d)).
p. Establish procedures to ensure that, in the case of a general or special court-martial the trial counsel causes each qualifying victim to be notified of the opportunity to receive a copy of the record of trial (not to include sealed materials, unless approved by the presiding military judge or appellate court, classified information, or other portions of the record the release of
which would unlawfully violate the privacy interests of any party, and without a requirement to include matters attached to the record under Rule for Courts-Martial (R.C.M.) 1103(b)(3) in Reference (u). A qualifying alleged victim is an individual named in a specification alleging an offense under Articles 120, 120b, 120c, or 125 of the UCMJ (sections 920, 920b, 920c, or 925 of Reference (d)), or any attempt to commit such offense in violation of Article 80 of the UCMJ (section 880 of Reference (d)), if th
q. Require that a completed DD Form 2701, “Initial Information for Victims and Witnesses of Crime,” be distributed to the victim as required by paragraph 6.1 of Reference (al). (DD Form 2701 is located at the DoD Forms Management Program website at http://www.dtic.mil/whs/directives/infomgt/forms/index.htm and in Reference (ac)).
r. Establish procedures to protect Service member victims of sexual assault and/or their dependents from retaliation, ostracism, maltreatment, and reprisal in accordance with section 1709 of Reference (o), DoDD 7050.06 (Reference (am)) and Service regulations. Require the SARC or SAPR VA to inform victims of the resources, listed in Enclosure 4 of this Instruction, to report instances of retaliation, reprisal, ostracism, or maltreatment to request a transfer or military protective order (MPO).
s. Require SARCs and SAPR VAs to advise victims who reported a sexual assault or sought mental health treatment for sexual assault of the opportunity to communicate with a G/FO regarding issues related to their military career that the victim believes are associated with the sexual assault.
t. Establish procedures to require commanders to protect the SARC and SAPR VA from retaliation, reprisal, ostracism, or maltreatment related to the execution of their duties and responsibilities.
u. Establish procedures to require commanders to protect witnesses and bystanders who intervene to prevent sexual assaults or who report sexual assaults, from retaliation, reprisal, ostracism, or maltreatment in accordance with section 1709 of Reference (o).
v. Require specialized training for all supervisors (officer, enlisted, civilian) down to the most junior supervisor that explains:
(1) That ALL supervisors in the victim’s chain of command, officer and enlisted, are required when they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment, to take appropriate measures to protect the victim from retaliation, reprisal, coercion, ostracism, and maltreatment in Unrestricted Reports.
(2) What constitutes retaliation, reprisal, ostracism, and maltreatment in accordance with Service regulations and Military Whistleblower Protections and procedures for reporting allegations of reprisal in accordance with Reference (am).
(3) The resources available for victims (listed in Enclosure 4 of this Instruction) to report instances of retaliation, reprisal, ostracism, maltreatment, or sexual harassment or to request a transfer or MPO.
(4) That victims who reported a sexual assault or sought mental health treatment for sexual assault, have the opportunity to communicate with the G/FO regarding issues related to their military career that the victim believes are associated with the sexual assault.
w. Establish Military Service-specific guidance to ensure collateral misconduct is addressed in a manner that is consistent and appropriate to the circumstances, and at a time that encourages continued victim cooperation.
x. Establish Expedited Transfer procedures for victims of sexual assault in accordance with paragraph 4.n. above the signature of this Instruction and Enclosure 5 of this Instruction.
y. Appoint a representative to the SAPR integrated product team (IPT) in accordance with Enclosure 3 of this Instruction, and provide chairs or co-chairs for working groups, when requested. Appoint a representative to SAPRO oversight teams upon request.
z. Provide quarterly and annual reports of sexual assault involving Service members to Director, SAPRO, to be consolidated into the annual Secretary of Defense report to Congress in accordance with Reference (c) and section 1631(d) of Reference (k). (See Enclosure 12 of this Instruction for reporting requirements.)
aa. Support victim participation in semi-annual Survivor Meetings with the Director of SAPRO.
ab. Support victim participation in the Survivor Experience Survey referred to in Enclosure 12 of this Instruction, conducted by DMDC.
ac. Provide budget program and obligation data, as requested by the DoD SAPRO.
ad. Require that reports of sexual assault be entered into DSAID through MCIO case management systems or by direct data entry by SARCs and legal officers. Establish procedures to regularly review and assure the quality of data entered into DSAID.
(1) Data systems that interface with DSAID shall be modified and maintained to accurately provide information to DSAID.
(2) Only SARCs who are credentialed (and maintain that credential) through D-SAACP and legal officers appointed by their Military Service shall be permitted access to enter sexual assault reports and case outcome data into DSAID.
ae. Provide Director, SAPRO, a written description of any sexual assault related research projects contemporaneous with commencing the actual research. When requested, provide periodic updates on results and insights. Upon conclusion of such research, a summary of the findings will be provided to DoD SAPRO as soon as practicable.
af. Establish procedures for supporting the DoD Safe Helpline in accordance with the USD(P&R) Memorandum (Reference (an)), which provides guidance for the referral database, providing a timely response to victim feedback, and publicizing the DoD Safe Helpline to SARCs, SAPR VAs, Service members, and to persons at military correctional facilities.
(1) Utilize the DoD Safe Helpline as the sole DoD hotline to provide crisis intervention, facilitate victim reporting through connection to the nearest SARC, and other resources as warranted.
(2) The DoD Safe Helpline does not replace local base and installation SARC or SAPR VA contact information.
ag. Establish procedures to implement SAPR training in accordance with Enclosure 10 of this Instruction, to include explaining the eligibility for SVC or VLC for individuals making Restricted and Unrestricted Reports of sexual assault, and the types of legal assistance authorized to be provided to the sexual assault victim in accordance with section 1565b and 1004e of Reference (d). Explain that the nature of the relationship between a SVC or VLC and a victim in the provision of legal advice and assistanc
ah. Require that reports of sexual assaults are provided to the Commanders of the Combatant Commands for their respective area of responsibility on a quarterly basis, or as requested.
ai. For CMGs:
(1) Require the installation commander or the deputy installation commander chair the multi-disciplinary CMG (see Enclosure 9 of this Instruction) on a monthly basis to review individual cases of Unrestricted Reporting of sexual assault, facilitate monthly victim updates, direct system coordination, accountability, and victim access to quality services. This responsibility will not be delegated.
(2) Require that the installation SARC (in the case of multiple SARCs on an installation, then the Lead SARC) serve as the co-chair of the CMG. This responsibility will not be delegated.
(3) If the installation is a joint base or if the installation has tenant commands, the commander of the tenant organization and their designated Lead SARC shall be invited to the CMG meetings when a Service member in his or her unit or area of responsibility is the victim of a sexual assault. The commander of the tenant organization shall provide appropriate
information to the host commander, to enable the host commander to provide the necessary supporting services.
(4) The Secretaries of the Military Departments shall issue guidance to ensure that equivalent standards are met for case oversight by CMGs in situations where SARCs are not installation-based but instead work within operational and/or deployable organizations.
aj. Establish document retention procedures for Unrestricted and Restricted Reports of sexual assault in accordance with the Policy section in paragraph 4.t. above the signature of this Instruction.
ak. When drafting MOUs or MOAs with local civilian medical facilities to provide DoD-reimbursable healthcare (to include psychological care) and forensic examinations for Service members and TRICARE eligible sexual assault victims, require commanders to include the following provisions:
(1) Notify the SARC or SAPR VA.
(2) Local private or public sector providers shall have processes and procedures in place to assess that local community standards meet or exceed those set forth in Reference (aj) as a condition of the MOUs or MOAs.
al. Comply with collective bargaining obligations, if applicable.
am. Provide SAPR training and education for civilian employees of the military departments in accordance with section 585 of Reference (m).
an. In accordance with section 572 of Reference (n), establish a record on the disposition of any Unrestricted Report of rape, sexual assault, forcible sodomy, or an attempt to commit these offenses involving a member of the Military Services, whether such disposition is court-martial, nonjudicial punishment, or other administrative action.
(1) The record of the disposition of an Unrestricted Report of sexual assault will, as appropriate, include information regarding:
(a) Documentary information (i.e., MCIO adult sexual assault investigative reports) collected about the incident, other than investigator case notes.
(b) Punishment imposed, if any, including the sentencing by judicial or nonjudicial means, including incarceration, fines, restriction, and extra duty as a result of a military court-martial, federal or local court, and other sentencing, or any other punishment imposed.
(c) Adverse administrative actions, if any, taken against the subject of the investigation.
(d) Any pertinent referrals made for the subject of the investigation, offered as a result of the incident, such as drug and alcohol counseling and other types of counseling or intervention.
(2) The disposition records will be retained for a period of not less than 20 years.
(a) Documentary information (i.e., MCIO adult sexual assault investigative reports) will be retained in accordance with Reference (ac).
(b) Punishment imposed by nonjudicial or judicial means, adverse administrative actions, any pertinent referrals made for the subject of the investigation, and information from the records that satisfies the reporting requirements established in section 1631 of Reference (l) will be incorporated into DSAID.
ao. In accordance with DoD Directive 1350.2 (Reference (ao)), require that the commander of each military command and other units specified by the Secretary of Defense for purposes of the policy will conduct, within 120 days after the commander assumes command and at least annually thereafter while retaining command, a climate assessment of the command or unit for purposes of preventing and responding to sexual assaults.
(1) The climate assessment will include an opportunity for Service members to express their opinions regarding the manner and extent to which their leaders, including commanders, respond to allegations of sexual assault and complaints of sexual harassment and the effectiveness of such response.
(2) The compliance of commanding officers in conducting organizational climate assessments in accordance with section 572 of Reference (n), as most recently amended by section 1721 of Reference (p) must be verified and tracked.
ap. Establish and publicize policies and procedures for reporting a sexual assault that will clearly explain both reporting options and who can receive Restricted Reports. Mandate the posting and wide dissemination of information about resources available to report and respond to sexual assaults, including the establishment of hotline phone numbers and Internet websites available to all members of the Military Services.
aq. Mandate a general education campaign to notify members of the Military Services of the authorities available in accordance with chapter 79 of Reference (d), for the correction of military records when a member experiences any retaliatory personnel action for making a report of sexual assault or sexual harassment.
ar. Require the SARCs and SAPR VAs to collaborate with designated Special Victim Investigation and Prosecution (SVIP) Capability personnel during all stages of the investigative and military justice process in accordance with Reference (ak), to ensure an integrated capability, to the greatest extent possible, in accordance with DTM 14-003 (Reference (ap)).
as. Require that, if a complaint of a sex-related offense is made against a Service member and he or she is convicted by court-martial or receives non-judicial punishment or punitive administrative action for that offense, a notation to that effect will be placed in the Service member’s personnel service record, regardless of his or her grade.
(1) A notation may NOT be placed in the restricted section of the Service member’s personnel service record.
(2) “Sex-related offenses” include a violation of Articles 120, 120a, 120b, 120c, or 125 of the UCMJ (sections 920, 920a, 920b, 920c, or 925 of Reference (d)) or an attempt to commit these offenses punishable under Article 80 of the UCMJ (section 880 of Reference (d)).
(3) The commanding officer of a facility, installation, or unit to which a Service member is permanently assigned or transferred will review the history of sex-related offenses as documented in the Service member’s personnel service record. The purpose of this review is for commanders to familiarize themselves with such history of the Service member.
(4) The notation and review requirement should not limit or prohibit a Service member’s capacity to challenge or appeal the placement of a notation, or location of placement of a notation, in his or her personnel service record in accordance with otherwise applicable service procedures.
at. In accordance with the requirements of section 1743 of Reference (o), require the designated commander to submit a written incident report no later than 8 days after whichever happens first:
(1) An Unrestricted Report of sexual assault has been made to a SARC or SAPR VA through a DD Form 2910; or
(2) An independent investigation has been initiated by an MCIO.
au. Require timely access to a SARC or SAPR VA by any member of the Reserve Component in accordance with Applicability section 2 above the signature of this Instruction.
av. Require that the Military Service Academies (MSA) include in their curricula substantive course work that addresses honor, respect, character development, leadership, and accountability, as they pertain to the issue of preventing sexual assault in the Military Services and providing the appropriate response to sexual assault when it occurs.
(1) In addition to the substantive coursework in academy curricula, training will be provided within 14 days after the initial arrival of a new cadet or midshipman at the MSAs and repeated annually thereafter. Training will be conducted in the manner described in Enclosure 10 of this Instruction, using adult learning methods.
(2) Such training will include, at a minimum, a brief history of the problem of sexual assault in the Military Services, a definition of sexual assault, information relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders.
aw. Ensure that the provisions of title 17 of Reference (o) apply to the MSAs as required by section 552 of Reference (p).
ax. Provide notice to a Service member, whenever he or she is required to complete Standard Form (SF) 86, “Questionnaire for National Security Positions,” in connection with an application, investigation, or reinvestigation for a security clearance, that it is DoD policy to answer “no” to question 21 of SF 86 with respect to consultation with a health care professional if:
(1) The individual is a victim of a sexual assault; and
(2) The consultation occurred with respect to an emotional or mental health condition strictly in relation to the sexual assault.
ay. Require the installation SARC and the installation FAP staff to coordinate when a sexual assault occurs as a result of domestic abuse, domestic violence, or involves child abuse, to ensure the victim is directed to FAP.
az. Require commanders to direct SARCs to provide information on incidents of sexual assault for inclusion in the Commander’s Critical Information Requirements (CCIR) report. CCIR reportable incidents are those meeting criteria as determined by the Secretary of Defense.
ba. Establish procedures to implement minimum standards for the qualifications necessary to be selected, trained, and certified for assignment as a SAPR Program Manager in accordance with USD(P&R) Memorandum (Reference (aq)).
bb. Establish a confidential process, utilizing boards for the correction of military records of the Military Departments by which a sexual assault victim during service in the Military may challenge the terms or the characterization of the discharge or separation on the grounds that the terms or characterization were adversely affected by being a sexual assault victim in accordance with section 547 of Reference (p).
7. CHIEF, NATIONAL GUARD BUREAU (NGB). On behalf of and with the approval of the Secretaries of the Army and Air Force, and in coordination with DoD SAPRO and the State Adjutants General, the Chief, NGB, establishes and implements SAPR policy and procedures for eligible NG members, including the requirement for timely access to a SARC or SAPR VA by any NG member as required by section 584(a) of Reference (m), as amended by section 1724 of Reference (o).
8. CHAIRMAN OF THE JOINT CHIEFS OF STAFF. The Chairman of the Joint Chiefs of Staff shall monitor implementation of this Instruction and Reference (c).
9. COMMANDERS OF THE COMBATANT COMMANDS. The Commanders of the Combatant Commands, through the Chairman of the Joint Chiefs of Staff and in coordination with the other Heads of the DoD Components, shall:
a. Require that a SAPR capability provided by the Executive Agent (see Glossary) is incorporated into operational planning guidance in accordance with Reference (c) and this Instruction.
b. Require the establishment of an MOU, MOA, or equivalent support agreement with the Executive Agent in accordance with Reference (c) and this Instruction and requires at a minimum:
(1) Coordinated efforts and resources, regardless of the location of the sexual assault, to direct optimal and safe administration of Unrestricted and Restricted Reporting options with appropriate protection, medical care, counseling, and advocacy.
(a) Ensure a 24 hours per day, 7 days per week response capability. Require first responders to respond in a timely manner.
(b) Response times shall be based on local conditions; however, sexual assault victims shall be treated as emergency cases.
(2) Notice to the SARC of every incident of sexual assault on the military installation, so that a SARC or SAPR VA can respond and offer the victim SAPR services. In situations where a sexual assault victim receives medical care and a SAFE outside of a military installation through a MOU or MOA with a local private or public sector entities, as part of the MOU or MOA, the SARC or SAPR VA shall be notified and shall respond.
ENCLOSURE 3
OVERSIGHT OF THE SAPR PROGRAM
1. DIRECTOR, SAPRO. The Director, SAPRO, under the authority, direction and control of the USD(P&R) through the Director, DoDHRA, shall serve as the single point of authority, accountability, and oversight for the DoD SAPR program. DoD SAPRO provides recommendations to the USD(P&R) on the issue of DoD sexual assault policy matters on prevention, response, oversight, standards, training, and program requirements. The Director, SAPRO, shall:
a. Assist the USD(P&R) in developing, administering, and monitoring the effectiveness of DoD SAPR policies and programs. Implement and monitor compliance with DoD sexual assault policy on prevention and response.
b. With the USD(P&R), update the Deputy Secretary of Defense on SAPR policies and programs on a semi-annual schedule.
c. Develop DoD programs to direct SAPR education, training, and awareness for DoD personnel consistent with this Instruction and Reference (c).
d. Coordinate the management of DoD SAPR Program and oversee the implementation in the Service SAPR Programs.
e. Provide technical assistance to the Heads of the DoD Components in addressing matters concerning SAPR and facilitate the identification and resolution of issues and concerns common to the Military Services and joint commands.
f. Develop strategic program guidance, joint planning objectives, standard terminology, and identify legislative changes needed to advance the SAPR program.
g. Develop oversight metrics to measure compliance and effectiveness of SAPR training, sexual assault awareness, prevention, and response policies, and programs. Collect and maintain data in accordance with these metrics, analyze data, and make recommendations regarding SAPR policies and programs to the USD(P&R) and the Secretaries of the Military Departments.
h. Establish reporting categories and monitor specific goals included in the annual SAPR assessments of each Military Service and its respective MSA, as required by Reference (c) and in accordance with Enclosure 12 of this Instruction.
i. Acquire quarterly, annual, and installation-based SAPR data from the Military Services and assemble annual congressional reports involving persons covered by this Instruction and Reference (c). Consult with and rely on the Secretaries of the Military Departments in questions concerning disposition results of sexual assault cases in their respective Military Departments.
j. Prepare the annual FY reports submitted by the Secretary of Defense to the Congress on the sexual assaults involving Service members and a report on the members of the MSAs to Congress submitted by the Secretary of Defense.
k. Publicize SAPR outreach, awareness, prevention, response, and oversight initiatives and programs.
l. Oversee implementation, use, maintenance, and function of the DSAID to meet congressional reporting requirements, support Military Service SAPR program management, and conduct DoD SAPRO oversight activities.
m. Maintain, oversee, and publicize the DoD Safe Helpline and facilitate victim reporting through its connection to the nearest SARC, and other resources as warranted.
n. Maintain and oversee the D-SAACP to ensure all sexual assault victims are offered the assistance of a credentialed SARC or SAPR VA.
o. Annually review the Military Services’ resourcing and funding of the Defense Forensic Science Center (DFSC) in the area of sexual assault.
(1) Assist the Department of the Army in identifying the funding and resources needed to operate DFSC, to facilitate forensic evidence being processed within 60 working days from day of receipt.
(2) Encourage the Military Services that use DFSC to contribute to the operation of DFSC by ensuring that DFSC is funded and resourced appropriately to complete forensic evidence processing within 60 working days.
p. Act as the DoD liaison between the DoD and other federal and State agencies on programs and efforts relating to sexual assault prevention and response.
q. Oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources.
r. Quarterly include MSAs as a SAPR IPT standard agenda item, and semi-annually meet with the academy superintendents to facilitate oversight of the implementation of SAPR programs.
s. Develop and administer standardized and voluntary surveys for victims of sexual assault on their experiences with SAPR victim assistance, the military health system, the military justice process, and other areas of support. The surveys will be regularly offered to victims and administered in a way that protects victim privacy and does not adversely impact the victim’s legal, career, and health status.
t. Chair the SAPR IPT.
u. Participate in the DoD Victim Assistance Leadership Council in accordance with DoDI 6400.07 (Reference (ar)).
v. Maintain the SAPRO awards program recognizing SARCS and/or SAPR VAs or SAPR programs within the Military Departments, and with consent of the Secretary of the Department of Homeland Security, the SARCS and/or SAPR VAs of the Department of Homeland Security.
2. SAPR IPT
a. Membership. The SAPR IPT shall include:
(1) Director, SAPRO. The Director shall serve as the chair.
(2) Deputy Assistant Secretaries for Manpower and Reserve Affairs of the Department of the Army
(3) Director, Air Force Sexual Assault Prevention and Response Program.
(4) A senior representative of the Department of the Navy SAPRO.
(5) A G/FO or DoD SES civilian from: the Joint Staff, Manpower and Personnel (J-1); the Office of the Assistant Secretary of Defense for Reserve Affairs; the NGB; the Office of the General Counsel, DoD; and the Office of the Assistant Secretary of Defense for Health Affairs. Other DoD Components’ representatives shall be invited to specific SAPR IPT meetings when their expertise is needed to inform and resolve issues being addressed. A senior representative from the Coast Guard shall be an invited guest
(6) Consistent with Section 8(c) of Reference (z), also known as “The Inspector General Act of 1978,” the IG DoD shall be authorized to send one or more observers to attend all SAPR IPT meetings in order to monitor and evaluate program performance.
b. Duties. The SAPR IPT shall:
(1) Through the chair, advise the USD(P&R) and the Secretary of Defense on SAPR IPT meeting recommendations on policies for sexual assault issues involving persons covered by this Instruction.
(2) Serve as the implementation and oversight arm of the DoD SAPR Program. Coordinate policy and review the DoD’s SAPR policies and programs consistent with this Instruction and Reference (c), as necessary. Monitor the progress of program elements, to include DoD SAPR Strategic Plan tasks, DoD Sexual Assault Prevention Strategy tasks, and NDAA implementation for adult sexual assault related issues.
(3) Meet every other month. Ad hoc meetings may be scheduled as necessary at the discretion of the chair. Members are selected and meetings scheduled according to the SAPR IPT Charter.
(4) Discuss and analyze broad SAPR issues that may generate targeted topics for Working Groups. Working Groups shall focus on one select issue, be governed by a charter with enumerated goals for which the details will be laid out in individual work plans (see Glossary), and be subject to a definitive timeline for the accomplishment of the stated goals. Issues that cannot be resolved by the SAPR IPT or that require higher level decision making shall be sent to the USD(P&R) for resolution.
c. Chair Duties. The chair shall:
(1) Advise the USD(P&R) and the Secretary of Defense on SAPR IPT recommendations on policies for sexual assault issues involving persons covered by this Instruction.
(2) Represent the USD(P&R) in SAPR matters consistent with this Instruction and Reference (c).
(3) Oversee discussions in the SAPR IPT that generate topics for Working Groups. Provide final approval for topics, charters, and timelines for Working Groups.
ENCLOSURE 4
REPORTING OPTIONS AND SEXUAL ASSAULT REPORTING PROCEDURES
1. REPORTING OPTIONS. Service members and military dependents 18 years and older who have been sexually assaulted have two reporting options: Unrestricted or Restricted Reporting. Unrestricted Reporting of sexual assault is favored by the DoD. However, Unrestricted Reporting may represent a barrier for victims to access services, when the victim desires no command or DoD law enforcement involvement. Consequently, the DoD recognizes a fundamental need to provide a confidential disclosure vehicle via th
a. Unrestricted Reporting. This reporting option triggers an investigation, command notification, and allows a person who has been sexually assaulted to access healthcare treatment and the assignment of a SARC and a SAPR VA. When a sexual assault is reported through Unrestricted Reporting, a SARC shall be notified, respond or direct a SAPR VA to respond, offer the victim healthcare treatment and a SAFE, and inform the victim of available resources. The SARC or SAPR VA will explain the contents of the DD
b. Restricted Reporting. This reporting option does NOT trigger an investigation. The command is notified that “an alleged sexual assault” occurred, but is not given the victim’s name or other personally identifying information. Restricted Reporting allows Service members and military dependents who are adult sexual assault victims to confidentially disclose the assault to specified individuals (SARC, SAPR VA, or healthcare personnel) and receive healthcare treatment and the assignment of a SARC and SAP
mandatory reporting thereby preserving the Restricted Reporting option. If a victim elects this reporting option, a victim may convert a Restricted Report to an Unrestricted Report at any time. The conversion to an Unrestricted Report will be documented with a signature by the victim and the signature of the SARC or SAPR VA in the appropriate block on the DD Form 2910.
(1) Only the SARC, SAPR VA, and healthcare personnel are designated as authorized to accept a Restricted Report. Healthcare personnel, to include psychotherapists and other personnel listed in Military Rule of Evidence (MRE) 513 of Reference (w), who received a Restricted Report (meaning that a victim wishes to file a DD Form 2910 or have a SAFE) shall contact a SARC or SAPR VA in accordance with requirements in Enclosure 7 of this Instruction, to assure that a victim is offered SAPR services and so that
(2) A SAFE and the information contained in its accompanying Kit are provided the same confidentiality as is afforded victim statements under the Restricted Reporting option. See Enclosure 8 of this Instruction.
(3) In the course of otherwise privileged communications with a chaplain, SVC/VLC, or legal assistance attorney, a victim may indicate that he or she wishes to file a Restricted Report. If this occurs, a chaplain, SVC/VLC, and legal assistance attorney shall, with the victim’s consent, facilitate contact with a SARC or SAPR VA to ensure that a victim is offered SAPR services and so that a DD Form 2910 can be completed. A chaplain, SVC/VLC, or legal assistance attorney cannot accept a Restricted Report.
(4) A victim has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication between a victim and a SARC and SAPR VA, in a case arising under the UCMJ, if such communication is made for the purpose of facilitating advice or supportive assistance to the victim in accordance with MRE 514 of Reference (w).
(5) A sexual assault victim certified under the personnel reliability program (PRP) is eligible for both the Restricted and Unrestricted Reporting options. If electing Restricted Reporting, the victim is required to advise the competent medical authority of any factors that could have an adverse impact on the victim’s performance, reliability, or safety while performing PRP duties. If necessary, the competent medical authority will inform the certifying official that the person in question should be susp
c. Non-Participating Victim (see Glossary). For victims choosing either Restricted or Unrestricted Reporting, the following guidelines apply:
(1) Details regarding the incident will be limited to only those personnel who have an official need to know. The victim’s decision to decline to participate in an investigation or prosecution should be honored by all personnel charged with the investigation and prosecution of sexual assault cases, including, but not limited to, commanders, DoD law enforcement officials, and personnel in the victim’s chain of command. If at any time the victim who originally chose
the Unrestricted Reporting option declines to participate in an investigation or prosecution, that decision should be honored in accordance with this subparagraph. However, the victim cannot change from an Unrestricted to a Restricted Report. The victim should be informed by the SARC or SAPR VA that the investigation may continue regardless of whether the victim participates.
(2) The victim’s decision not to participate in an investigation or prosecution will not affect access to SARC and SAPR VA services, medical and psychological care, or services from an SVC or VLC. These services shall be made available to all eligible sexual assault victims.
(3) If a victim approaches a SARC, SAPR VA, or healthcare provider and begins to make a report, but then changes his or her mind and leaves without signing the DD Form 2910 (the form where the reporting option is selected), the SARC, SAPR VA, or healthcare provider is not under any obligation or duty to inform investigators or commanders about this report and will not produce the report or disclose the communications surrounding the report. If commanders or law enforcement ask about the report, disclosure
d. Disclosure of Confidential Communications. In cases where a victim elects Restricted Reporting, the SARC, SAPR VA, and healthcare personnel may not disclose confidential communications or the SAFE and the accompanying Kit to DoD law enforcement or command authorities, either within or outside the DoD, except as provided in this Instruction. In certain situations, information about a sexual assault may come to the commander’s or DoD law enforcement official’s (to include MCIO’s) attention from a source
e. Victim Confiding in Another Person. In establishing the Restricted Reporting option, DoD recognizes that a victim may tell someone (e.g., roommate, friend, family member) that a sexual assault has occurred before considering whether to file a Restricted or Unrestricted Report.
(1) A victim’s communication with another person (e.g., roommate, friend, family member) does not, in and of itself, prevent the victim from later electing to make a Restricted Report. Restricted Reporting is confidential, not anonymous, reporting. However, if the person to whom the victim confided the information (e.g., roommate, friend, family member) is in the victim’s officer or non-commissioned officer chain of command or DoD law enforcement, there can be no Restricted Report.
(2) Communications between the victim and a person other than the SARC, SAPR VA, healthcare personnel, assigned SVC/VLC, legal assistance officer, or chaplain are NOT confidential and do not receive the protections of Restricted Reporting.
f. Independent Investigations. Independent investigations are not initiated by the victim. If information about a sexual assault comes to a commander’s attention from a source other than a victim (victim may have elected Restricted Reporting or where no report has been made by the victim), that commander shall immediately report the matter to an MCIO and an official (independent) investigation may be initiated based on that independently acquired information.
(1) If there is an ongoing independent investigation, the sexual assault victim will no longer have the option of Restricted Reporting when:
(a) DoD law enforcement informs the SARC of the investigation, and
(b) The victim has not already elected Restricted Reporting.
(2) The timing of filing a Restricted Report is crucial. In order to take advantage of the Restricted Reporting option, the victim must file a Restricted Report by signing a DD Form 2910 BEFORE the SARC is informed of an ongoing independent investigation of the sexual assault.
(a) If a SARC is notified of an ongoing independent investigation and the victim has not signed a DD Form 2910 electing Restricted Report, the SARC must inform the victim that the option to file a Restricted Report is no longer available. However, all communications between the victim and the victim advocate will remain privileged except for the minimum necessary to make the Unrestricted Report.
(b) If an independent investigation begins AFTER the victim has formally elected Restricted Reporting (by signing the DD Form 2910), the independent investigation has NO impact on the victim’s Restricted Report and the victim’s communications and SAFE Kit remain confidential, to the extent authorized by law and DoD regulations.
g. Mandatory Reporting Laws and Cases Investigated by Civilian Law Enforcement. Health care may be provided and SAFE Kits may be performed in a civilian healthcare facility bound by State and local laws that require certain personnel (usually health care personnel) to report the sexual assault to civilian agencies or law enforcement. In some cases, civilian law enforcement may take investigative responsibility for the sexual assault case, or the civilian jurisdiction may inform the military law enforceme
2. INITIATING MEDICAL CARE AND TREATMENT UPON RECEIPT OF REPORT. Healthcare personnel will initiate the emergency care and treatment of sexual assault victims, notify the SARC or the SAPR VA in accordance with Enclosure 7 of this Instruction, and make appropriate medical referrals for specialty care, if indicated. Upon receipt of a Restricted Report, only the SARC or the SAPR VA will be notified. There will be NO report to DoD law enforcement, a supervisory official, or the victim’s chain of command by
3. IMPLEMENTING DoD DUAL OBJECTIVES. The DoD is committed to ensuring victims of sexual assault are protected; treated with dignity and respect; and provided support, advocacy, and care. The DoD supports effective command awareness and prevention programs. The DoD also strongly supports applicable DoD law enforcement and criminal justice procedures that enable persons to be held appropriately accountable for sexual assault offenses and criminal dispositions. To achieve the dual objectives of victim sup
a. Restricted Reporting Impact. Restricted Reporting will impact investigations and the ability of the offender’s commander to hold the alleged offender appropriately accountable. However, such risks shall not outweigh the overall interest in providing a Restricted Reporting option to sexual assault victims.
b. Victim’s Perception of the Military Justice System. The DoD seeks increased reporting by victims of sexual assault. A system that is perceived as fair and treats victims with dignity and respect, and promotes privacy and confidentiality may have a positive impact in bringing victims forward to provide information about being assaulted. The Restricted Reporting option is intended to give victims additional time and increased control over the release and management of their personal information and emp
4. REPORTS AND COMMANDERS
a. Unrestricted Reports to Commanders. The SARC shall provide the installation commander and the immediate commander of the sexual assault victim (if a civilian victim, then the immediate commander of alleged military offender) with information regarding all Unrestricted Reports within 24 hours of an Unrestricted Report of sexual assault. This notification may be extended by the commander to 48 hours after the Unrestricted Report of the incident when there are extenuating circumstances in deployed enviro
b. Restricted Reports to Commanders. For the purposes of public safety and command responsibility, in the event of a Restricted Report, the SARC shall report non-PII concerning sexual assault incidents (without information that could reasonably lead to personal identification of the victim or the alleged assailant (see exception of subparagraph 5.b.(2) of this enclosure)) only to the installation commander within 24 hours of the report. This notification may be extended by the commander to 48 hours after
(1) Even if the victim chooses not to convert to an Unrestricted Report, or provide PII, the non-PII information provided by the SARC makes the installation commander aware that a sexual assault incident was reported to have occurred. Restricted Reporting gives the installation commander a clearer picture of the reported sexual assaults within the command. The installation commander can then use the information to enhance preventive measures, to enhance the education and training of the command’s personn
(2) Neither the installation commander nor DoD law enforcement may use the information from a Restricted Report for investigative purposes or in a manner that is likely to discover, disclose, or reveal the identities of the victims unless an exception to Restricted Reporting applies. Improper disclosure of Restricted Reporting information may result in disciplinary action or other adverse personnel or administrative actions.
5. EXCEPTIONS TO RESTRICTED REPORTING AND DISCLOSURES
a. The SARC will evaluate the confidential information provided under the Restricted Report to determine whether an exception applies.
(1) The SARC shall disclose the otherwise protected confidential information only after consultation with the SJA of the installation commander, supporting judge advocate or other legal advisor concerned, who shall advise the SARC whether an exception to Restricted Reporting applies. In addition, the SJA, supporting judge advocate, or other legal advisor concerned will analyze the impact of MRE 514 on the communications.
(2) When there is uncertainty or disagreement on whether an exception to Restricted Reporting applies, the matter shall be brought to the attention of the installation commander for decision without identifying the victim (using non-PII information). Improper disclosure of confidential communications under Restricted Reporting, improper release of medical information, and other violations of this guidance are prohibited and may result in discipline pursuant to the UCMJ or State statute, loss of privileges
b. The following exceptions to the prohibition against disclosures of Restricted Reporting authorize a disclosure of a Restricted Report only when the SJA consultation described in paragraph 6.a. has occurred and only if one or more of the following conditions apply:
(1) Authorized by the victim in writing.
(2) Necessary to prevent or mitigate a serious and imminent threat to the health or safety of the victim or another person; for example, multiple reports involving the same alleged offender (repeat offender) could meet this criterion. See similar safety and security exceptions in MRE 514 of Reference (w).
(3) Required for fitness for duty or disability determinations. This disclosure is limited to only the information necessary to process duty or disability determinations for Service members. Disclosure of a Restricted Report under these circumstances does not change the nature of the victim’s Restricted Report, nor does it create an obligation for reporting to law enforcement or command for investigation.
(4) Required for the supervision of coordination of direct victim healthcare or services. The SARC, SAPR VA, or healthcare personnel can disclose specifically requested information to those individuals with an official need to know, or as required by law or regulation.
(5) Ordered by a military official (e.g., a duly authorized subpoena in a UCMJ case), Federal or State judge, or as required by a Federal or State statute or applicable U.S. international agreement. The SARC, SAPR VA, and healthcare personnel will consult with the installation commander’s servicing legal office, in the same manner as other recipients of privileged information, to determine if the exception criteria apply and whether a duty to disclose the otherwise protected information is present. Until
c. Healthcare personnel may also convey to the victim’s unit commander any possible adverse duty impact related to the victim’s medical condition and prognosis in accordance with References (aa) and (ba). However, such circumstances do NOT otherwise warrant a Restricted
Reporting exception to policy. Therefore, the confidential communication related to the sexual assault may not be disclosed. Improper disclosure of confidential communications, improper release of medical information, and other violations of this Instruction and Reference (c) are prohibited and may result in discipline pursuant to the UCMJ or another Federal or State statute, loss of privileges, or other adverse personnel or administrative actions.
d. The SARC or SAPR VA shall inform the victim when a disclosure in accordance with the exceptions in this section of this enclosure is made. Whenever possible, the victim should be notified in advance of the disclosure.
e. If a SARC, SAPR VA, or healthcare personnel makes an unauthorized disclosure of a confidential communication, that person is subject to disciplinary action. Unauthorized disclosure has no impact on the status of the Restricted Report. All Restricted Reporting information is still confidential and protected, to the extent authorized by law and this Instruction. However, unauthorized or inadvertent disclosures made to a commander or law enforcement shall result in notification to the MCIO.
6. ACTIONABLE RIGHTS. Restricted Reporting does not create any actionable rights for the victim or alleged offender or constitute a grant of immunity for any actionable conduct by the alleged offender or the victim.
7. RESOURCES FOR VICTIMS TO REPORT RETALIATION,REPRISAL, OSTRACISM, MALTREATMENT, SEXUAL HARASSMENT, OR TO REQUEST AN EXPEDITED/SAFETY TRANSFER OR MILITARY PROTECTIVE ORDER (MPO)/CIVILIAN PROTECTIVE ORDER (CPO). SARCs and SAPR VAs must inform victims of the resources available to report instances of retaliation, reprisal, ostracism, maltreatment, sexual harassment, or to request a transfer or MPO. If the allegation is criminal in nature and the victim filed an Unrestricted Report, the crime should be imm
a. A SARC or SAPR VA or SVC/VLC.
b. A SARC on a different installation, which can be facilitated by the Safe Helpline.
c. Their immediate commander.
d. A commander OUTSIDE their chain of command.
e. Service personnel to invoke their Service-specific reporting procedures regarding such allegations in accordance with DoD Retaliation Prevention and Response Strategy: Regarding Sexual Assault and Harassment Reports (Reference (au)).
f. Service Military Equal Opportunity (MEO) representative to file a complaint of sexual harassment.
g. A G/FO if the retaliation, reprisal, ostracism, or maltreatment involves the administrative separation of victims within 1 year of the final disposition of their sexual assault case. A victim may request that the G/FO review the separation in accordance with Reference (xv) (enlisted personnel) or Reference (y) (commissioned officers).
h. A G/FO if the victim believes that there has been an impact on their military career because they reported a sexual assault or sought mental health treatment for sexual assault that the victim believes is associated with the sexual assault. The victim may discuss the impact with the G/FO.
i. An SVC or VLC, trial counsel and VWAP, or a legal assistance attorney to facilitate reporting with a SARC or SAPR VA.
j. Service personnel to file a complaint of wrongs in accordance with Article 138 of the UCMJ (section 938 of Reference (d)).
k. IG DoD, invoking whistle-blower protections in accordance with Reference (am).
l. Commander or SARC to request an Expedited Transfer.
m. Commander or SARC to request a safety transfer or an MPO and/or CPO, if the victim is in fear for her or his safety.
n. The MCIO, if the allegation is of an act that is criminal in nature and the victim filed an Unrestricted Report. The allegation should immediately be reported to an MCIO.
ENCLOSURE 5
COMMANDER AND MANAGEMENT SAPR PROCEDURES
1. SAPR MANAGEMENT. Commanders, supervisors, and managers at all levels are responsible for the effective implementation of the SAPR program and policy. Military and DoD civilian officials at each management level shall advocate a strong SAPR program, and provide education and training that shall enable them to prevent and appropriately respond to incidents of sexual assault.
2. INSTALLATION COMMANDER SAPR RESPONSE PROCEDURES. Each installation commander shall:
a. Develop guidelines to establish a 24 hours, 7 days per week sexual assault response capability for their locations, including deployed areas. For SARCs that operate within deployable commands that are not attached to an installation, senior commanders of the deployable commands shall ensure that equivalent SAPR standards are met. All SARCs will have direct and unimpeded contact and access to the installation commander (see Glossary), and the immediate commander of both the Service member victim and al
b. Require ALL supervisors, officer and enlisted, down to the most junior supervisor, to receive specialized training that explains:
(1) That ALL personnel in the victim’s chain of command, officer and enlisted, are required when they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment to take appropriate measures to protect the victim.
(2) What constitutes retaliation, reprisal, ostracism, and maltreatment in accordance with Reference (au), and Military Whistleblower Protections and procedures for reporting allegations of reprisal in accordance with Reference (am)
(3) The resources available for victims (listed in Enclosure 4 of this Instruction) to report instances of retaliation, reprisal, ostracism, maltreatment, or sexual harassment or to request a transfer or MPO.
(4) That victims who reported a sexual assault or sought mental health treatment for sexual assault have the opportunity to discuss issues related to their military career with the G/FO that the victim believes are associated with the sexual assault.
c. Ensure that a safety assessment will be available to all Service members, adult military dependents, and civilians who are eligible for SAPR services, even if the victim is not physically located on the installation.
(1) Identify installation personnel who have been trained and are able to perform a safety assessment of each sexual assault victim, regardless of whether he or she filed a Restricted or Unrestricted Report. Individuals tasked to conduct safety assessments must occupy positions that do not compromise the victim’s reporting options.
(2) The safety assessment will be conducted as soon as possible.
3. COMMANDER SAPR RESPONSE PROCEDURES. Each Commander shall:
a. Respond appropriately to incidents of sexual assault. Use the “Commander’s 30-Day Checklist for Unrestricted Reports” to facilitate the response to the victim and an alleged offender, and an appropriate response for a sexual assault within a unit. The “Commander’s 30-Day Checklist for Unrestricted Reports” is located in the SAPR Policy Toolkit, on www.sapr.mil. This 30-day checklist may be expanded by the Military Services to meet Service-specific requirements and procedures.
b. Meet with the SARC within 30 days of taking command for one-on-one SAPR training. The training shall include a trends brief for unit and area of responsibility, the confidentiality and “official need to know” requirements for both Unrestricted and Restricted Reporting, and the requirements of 8-day incident report in accordance with section 1743 of Reference (o). The Sexual Assault Incident Response Oversight Report template is located in the SAPR Policy Toolkit, on www.sapr.mil. The commander must
c. Require the SARC to:
(1) Be notified of every incident of sexual assault involving Service members or persons covered in this Instruction, in or outside of the military installation when reported to DoD personnel. When notified, the SARC or SAPR VA shall respond to offer the victim SAPR services. All SARCs shall be authorized to perform victim advocate duties in accordance with service regulations, and will be acting in the performance of those duties.
(a) In Restricted Reports, the SARC shall be notified by the healthcare personnel in accordance with Enclosure 7 of this Instruction or the SAPR VA.
(b) In Unrestricted Reports, the SARC shall be notified by the DoD responders or healthcare personnel.
(2) Provide the victim’s installation commander and immediate commander the information regarding an Unrestricted Report within 24 hours of an Unrestricted Report of sexual assault.
(3) If the victim is a civilian and the alleged offender is a Service member, the immediate commander of that Service member shall be provided relevant information, to include any SAPR
services made available to the civilian. The MCIO provides the commander of the alleged offender with information, to the extent available, regarding the victim, and SAPR services offered, if any, to file the 8-day incident report in accordance with section 1743 of Reference (o).
(4) Provide the installation commander with non-PII, as defined in the Glossary, within 24 hours of a Restricted Report of sexual assault. This notification may be extended to 48 hours after the report of the incident if there are extenuating circumstances in the deployed environment. Command and installation demographics shall be taken into account when determining the information to be provided. To ensure oversight of victim services for Restricted Report cases, the SARC will confirm in his or her re
(5) Be supervised and evaluated by the installation commander or deputy installation commander in the performance of SAPR procedures in accordance with Enclosure 6 of this Instruction.
(6) Receive SARC training to follow procedures in accordance with Enclosure 6 of this Instruction. Upon implementation of the D-SAACP, standardized criteria for the selection and training of SARCs and SAPR VAs shall include the application criteria in DD Form 2950 and comply with specific Military Service guidelines and certification requirements.
(7) Follow established procedures to store the DD Form 2910 pursuant to Military Service regulations regarding the storage of documents with PII. Follow established procedures to store the original DD Form 2910

(7) Follow established procedures to store the DD Form 2910 pursuant to Military Service regulations regarding the storage of documents with PII. Follow established procedures to store the original DD Form 2910
and

ensure that all Federal and Service privacy regulations are adhered to.

d. Evaluate healthcare personnel per Military Service regulation in the performance of SAPR procedures as described in Enclosure 7 of this Instruction.
e. Require adequate supplies of SAFE Kits be maintained by the active component. The supplies shall be routinely evaluated to guarantee adequate numbers to meet the need of sexual assault victims.
f. Require DoD law enforcement and healthcare personnel to comply with prescribed chain of custody procedures described in their Military Service-specific MCIO procedures. Modified procedures applicable in cases of Restricted Reports of sexual assault are explained in Enclosure 8 of this Instruction.
g. Require that a CMG is conducted on a monthly basis in accordance with Enclosure 9 of this Instruction.
(1) Chair or attend the CMG, in accordance with the requirements in Enclosure 9 of this Instruction. Direct the required CMG members to attend.
(2) Commanders shall provide victims of a sexual assault who filed an Unrestricted Report monthly updates regarding the current status of any ongoing investigative, medical, legal, status of an Expedited Transfer request or any other request made by the victim, or command proceedings regarding the sexual assault until the final disposition (see Glossary) of the reported assault, and to the extent permitted pursuant to Reference (al), Reference (ab), and section 552a of Reference (z). This is a non-delega
h. Ensure that resolution of Unrestricted Report sexual assault cases shall be expedited.
(1) A unit commander who receives an Unrestricted Report of a sexual assault shall immediately refer the matter to the appropriate MCIO, to include any offense identified by the UCMJ. A unit commander shall not conduct internal command directed investigations on sexual assault (i.e., no referrals to appointed command investigators or inquiry officers) or delay immediately contacting the MCIOs while attempting to assess the credibility of the report.
(2) The final disposition of a sexual assault shall immediately be reported by the accused’s commander to the assigned MCIO. Dispositions on cases referred by MCIOs to other DoD law enforcement agencies shall be immediately reported to the MCIOs upon their final disposition. When requested by MCIOs, commanders shall provide final disposition of sexual assault cases. Service legal officers are responsible for entering and approving the final case disposition input into DSAID and notifying the SARC of the
i. Appoint a point of contact to serve as a formal liaison between the installation SARC and the installation FAP staff (or civilian domestic resource if FAP is not available for a Reserve Component victim) to direct coordination when a sexual assault occurs within a domestic relationship or involves child abuse.
j. Ensure appropriate training of all military responders be directed and documented in accordance with training standards in Enclosure 10 of this Instruction. Direct and document appropriate training of all military responders who attend the CMG.
k. Identify and maintain a liaison with civilian sexual assault victim resources. Where necessary, it is strongly recommended that an MOU or MOAs with the appropriate local authorities and civilian service organizations be established to maximize cooperation, reciprocal reporting of sexual assault information, and consultation regarding jurisdiction for the prosecution of Service members involved in sexual assault, as appropriate.
l. In accordance with section 1565b(a)(2) of Reference (d), a Service member or a dependent who is the victim of sexual assault shall be informed of the availability of legal assistance and the services of a SARC and SAPR VA as soon as the member or dependent seeks assistance
from a SARC, a SAPR VA, an MCIO, a victim or witness liaison, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a SARC or a SAPR VA are optional and may be declined, in whole or in part, at any time.
m. Direct that DoD law enforcement ,not affiliated with an MCIO, when applicable, and VWAP personnel provide victims of sexual assault who elect an Unrestricted Report the information outlined in DoDD 1030.01 (Reference (av)) and Reference (ac) throughout the investigative and legal process. The completed DD Form 2701 shall be distributed to the victim in Unrestricted Reporting cases by DoD MCIO in accordance with Reference (aa).
n. Require that investigation descriptions found in the Appendix to Enclosure 12 in this Instruction be used to report case dispositions.
o. Establish procedures to protect Service member victims and/or their dependents, SARCs, SAPR VAs, witnesses, healthcare providers, bystanders, and others associated with a report of sexual assault allegation from retaliation, reprisal, ostracism, and maltreatment.
(1) Protect victims of sexual assault from retaliation, ostracism, maltreatment, and reprisal in accordance with References (am) and (au). Require the SARC or SAPR VA to inform victims of the resources, listed in Enclosure 4 of this Instruction, to report instances of retaliation, reprisal, ostracism, maltreatment, or sexual harassment or to request a transfer or MPO and/or CPO or to consult with an SVC/VLC.
(2) Require SARCs and SAPR VAs to advise victims who reported a sexual assault or sought mental health treatment for sexual assault that they have the opportunity to discuss issues related to their military career with a G/FO that the victim believes are associated with the sexual assault.
p. Require that sexual assault reports be entered into DSAID through interface with MCIO case management systems, or by direct data entry by authorized personnel.
q. Designate an official, usually the SARC, to generate an alpha-numeric Restricted Reporting case number (RRCN).
r. Appoint a healthcare provider, as an official duty, in each MTF to be the resident point of contact concerning SAPR policy and sexual assault care.
s. Submit an 8-day incident report in writing after an Unrestricted Report of sexual assault has been made in accordance with section 1743 of Reference (o). The 8-day incident report will only be provided to personnel with an official need to know.
4. MOUs OR MOAs WITH LOCAL CIVILIAN AUTHORITIES. The purpose of MOUs and MOAs is to:
a. Enhance communications and the sharing of information regarding sexual assault prosecutions, as well as of the sexual assault care and forensic examinations that involve Service members and eligible TRICARE beneficiaries covered by this Instruction.
b. Collaborate with local community crisis counseling centers, as necessary, to augment or enhance their sexual assault programs.
c. Provide liaison with private or public sector sexual assault councils, as appropriate.
d. Provide information about medical and counseling services related to care for victims of sexual assault in the civilian community, when not otherwise available at the MTFs, in order that military victims may be offered the appropriate healthcare and civilian resources, where available and where covered by military healthcare benefits.
e. Where appropriate or required by MOU or MOA, facilitate training for civilian service providers about SAPR policy and the roles and responsibilities of the SARC and SAPR VA.
5. LINE OF DUTY (LOD) PROCEDURES
a. Members of the Reserve Components, whether they file a Restricted or Unrestricted Report, shall have access to medical treatment and counseling for injuries and illness incurred from a sexual assault inflicted upon a Service member when performing active service, as defined in section 101(d)(3) of Reference (d), and inactive duty training.
b. Medical entitlements remain dependent on a LOD determination as to whether or not the sexual assault incident occurred in an active service or inactive duty training status. However, regardless of their duty status at the time that the sexual assault incident occurred, or at the time that they are seeking SAPR services (see Glossary), Reserve Component members can elect either the Restricted or Unrestricted Reporting option (see Glossary in Reference (c)) and have access to the SAPR services of a SARC
c. Any alleged collateral misconduct by a Service member victim associated with the sexual assault incident will be excluded from consideration as intentional misconduct or gross negligence under the analysis required by section 1074a(c) of Reference (d) in LOD findings for healthcare to ensure sexual assault victims are able to access medical treatment and mental health services.
d. The following LOD procedures shall be followed by Reserve Component commanders.
(1) To safeguard the confidentiality of Restricted Reports, LOD determinations may be made without the victim being identified to DoD law enforcement or command, solely for the purpose of enabling the victim to access medical care and psychological counseling, and without identifying injuries from sexual assault as the cause.
(2) For LOD determinations for sexual assault victims, the commander of the Reserve command in each component and the directors of the Army and Air NG shall designate individuals within their respective organizations to process LODs for victims of sexual assault when performing active service, as defined in section 101(d)(3) of Reference (d), and inactive duty training.
(a) Designated individuals shall possess the maturity and experience to assist in a sensitive situation , will have SAPR training, so they can appropriately interact with sexual assault victims, and if dealing with a Restricted Report, to safeguard confidential communications and preserve a Restricted Report (e.g., SARCs and healthcare personnel). These individuals are specifically authorized to receive confidential communications, as defined by the Glossary of this Instruction, for the purpose of determi
(b) The appropriate SARC will brief the designated individuals on Restricted Reporting policies, exceptions to Restricted Reporting, and the limitations of disclosure of confidential communications as specified in section 5 of Enclosure 4 of this Instruction. The SARC and these individuals, or the healthcare provider may consult with their servicing legal office, in the same manner as other recipients of privileged information for assistance, exercising due care to protect confidential communications in R
(3) For LOD purposes, the victim’s SARC may provide documentation that substantiates the victim’s duty status as well as the filing of the Restricted Report to the designated official.
(4) If medical or mental healthcare is required beyond initial treatment and follow-up, a licensed medical or mental health provider must recommend a continued treatment plan.
(5) Reserve Component members who are victims of sexual assault may be retained or returned to active duty in accordance with Table 1 and section 12323 of Reference (d).
(a) A request described in Table 1 submitted by a Reserve Component member must be answered with a decision within 30 days from the date of the request, in accordance with Reference (n).
(b) If the request is denied, the Reserve Component member may appeal to the first G/FO in his or her chain of command. A decision must be made on that appeal within 15 days from the date of the appeal, in accordance with Reference (n).
Table 1. Retention or Return to Active Duty of Reserve Component Members for LOD Determinations to Ensure Continuity of Care
Table

TBody

Span
If a member of the Reserve Component…

If a member of the Reserve Component…

And the sexual assault was committed while he or she was on active duty

And the sexual assault was committed while he or she was on active duty

Then…

Then…

Span
Is expected to be released from active duty before the determination is made regarding whether he or she was assaulted while in the LOD in accordance with section 12323 of Reference (d)...

Is expected to be released from active duty before the determination is made regarding whether he or she was assaulted while in the LOD in accordance with section 12323 of Reference (d)...

The Secretary concerned, upon the member’s request, may order him or her to be retained on active duty until the LOD determination.

The Secretary concerned, upon the member’s request, may order him or her to be retained on active duty until the LOD determination.

Span
Is not on active duty and the LOD determination is not completed…

Is not on active duty and the LOD determination is not completed…

The Secretary concerned, upon the member’s request, may order him or her to be recalled to active duty for such time as necessary for completion of the LOD determination.

The Secretary concerned, upon the member’s request, may order him or her to be recalled to active duty for such time as necessary for completion of the LOD determination.
A member eligible for this retention or recall shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty for the LOD.

6. EXPEDITED VICTIM TRANSFER REQUESTS
a. Any threat to life or safety of a Service member shall be immediately reported to command and DoD law enforcement authorities (see Glossary) and a request to transfer the victim under these circumstances will be handled in accordance with established Service regulations.
(1) Safety issues are NOT handled through an Expedited Transfer. They are handled through a fast safety move following applicable DoD and Service-specific procedures. (An Expedited Transfer may take longer than a safety move.)
(2) The intent behind the Expedited Transfer policy in this enclosure is to address situations where a victim feels safe, but uncomfortable. An example of where a victim feels uncomfortable is where a victim may be experiencing ostracism and retaliation. The intent behind the Expedited Transfer policy is to assist in the victim’s recovery by moving the victim to a new location, where no one knows of the sexual assault.
b. Service members who file an Unrestricted Report of sexual assault shall be informed by the SARC, SAPR VA, or the Service member’s commanding officer (CO), or civilian supervisor equivalent (if applicable), at the time of making the report, or as soon as practicable, of the option to request a temporary or permanent Expedited Transfer from their assigned command or installation, or to a different location within their assigned command or installation in accordance with section 673 of Reference (d). The
(1) A presumption shall be established in favor of transferring a Service member (who initiated the transfer request) following a credible report (see Glossary) of sexual assault. The
CO, or the appropriate approving authority, shall make a credible report determination at the time the expedited request is made after considering the advice of the supporting judge advocate, or other legal advisor concerned, and the available evidence based on an MCIO’s investigation’s information (if available). If the Expedited Transfer is disapproved because there was no credible report, the grounds on which it was disapproved must be documented. A commander can always transfer a victim on other groun
(2) Expedited Transfers of Service members who report that they are victims of sexual assault shall be limited to sexual assault offenses reported in the form of an Unrestricted Report.
(a) Sexual assault against adults is defined in the Glossary of Reference (c) and includes rape and sexual assault in violation of Article 120 of the UCMJ (section 920 of Reference (d)), and forcible sodomy in violation of Article 125 of the UCMJ (section 925 of Reference (d). This Instruction does not address victims covered under FAP.
(b) If the Service member files a Restricted Report in accordance with Reference (c) and requests an Expedited Transfer, the Service member must affirmatively change his or her reporting option to Unrestricted Reporting on the DD Form 2910, in order to be eligible for an Expedited Transfer.
(3) When the alleged perpetrator is the commander or otherwise in the victim’s chain of command, the SARC shall inform such victims of the opportunity to go outside the chain of command to report the offense to MCIOs, other commanding officers or an Inspector General. Victims shall be informed that they can also seek assistance from a legal assistance attorney, the DoD Safe Helpline, or an SVC/VLC. The relationship between an SVC/VLC and a victim in the provision of legal advice and assistance will be th
(4) The CO shall expeditiously process a transfer request from a command or installation, or to a different location within the command or installation. The CO shall request and take into consideration the Service member’s input before making a decision involving a temporary or permanent transfer and the location of the transfer. If approved, the transfer orders shall also include the Service member’s dependents (if accompanied) or military spouse (if the military spouse consents). In most circumstances
(5) The CO must approve or disapprove a Service member’s request for a permanent change of station (PCS), permanent change of assignment (PCA), or unit transfer within 72 hours from receipt of the Service member’s request. The decision to approve the request shall be immediately forwarded to the designated activity that processes PCS, PCA, or unit transfers (see Glossary).
(6) If the Service member’s transfer request is disapproved by the CO, the Service member shall be given the opportunity to request review by the first G/FO in the chain of command of the member, or an SES equivalent (if applicable). The decision to approve or disapprove the request for transfer must be made within 72 hours of submission of the request for review. If a civilian SES equivalent reviewer approves the transfer, the Secretary of the Military Department concerned shall process and issue orders
(7) Military Departments shall make every reasonable effort to minimize disruption to the normal career progression of a Service member who reports that he or she is a victim of a sexual assault.
(8) Expedited Transfer procedures require that a CO or the appropriate approving authority make a determination and provide his or her reasons and justification on the transfer of a Service member based on a credible report of sexual assault. A CO shall consider:
(a) The Service member’s reasons for the request.
(b) Potential transfer of the alleged offender instead of the Service member requesting the transfer.
1. Commanders have the authority to make a timely determination and to take action regarding whether a Service member who is alleged to have committed or attempted to commit a sexual assault offense should be temporarily reassigned or removed from a position of authority or from an assignment. This reassignment or removal must be taken not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit in accordance with section 674 of Reference (d).
2. This determination may be made at any time after receipt of notification of an Unrestricted Report of a sexual assault that identifies the Service member as an alleged perpetrator.
(c) Nature and circumstances of the offense.
(d) Whether a temporary transfer would meet the Service member’s needs and the operational needs of the unit.
(e) Training status of the Service member requesting the transfer.
(f) Availability of positions within other units on the installation.
(g) Status of the investigation and potential impact on the investigation and future disposition of the offense, after consultation with the investigating MCIOs.
(h) Location of the alleged offender.
(i) Alleged offender’s status (Service member or civilian).
(j) Other pertinent circumstances or facts.
(9) Service members requesting the transfer shall be informed that they may have to return for the prosecution of the case, if the determination is made that prosecution is the appropriate action.
(10) Commanders shall directly counsel the Service member to ensure that he or she is fully informed regarding:
(a) Reasonably foreseeable career impacts.
(b) The potential impact of the transfer or reassignment on the investigation and case disposition or the initiation of other adverse action against the alleged offender.
(c) The effect on bonus recoupment, if any.
(d) Other possible consequences of granting the request.
(11) When an Expedited Transfer is approved, notification from the losing commander to the gaining commander will depend on whether there is an open case and continuation of services. If there is neither an open case nor continuation of services, no other action is needed. If there is an open case and services are requested, then notification to the gaining commander will occur to facilitate the investigation and access to services. This procedure applies to any sexual assault victim move (e.g., permane
(a) When an Expedited Transfer is approved, the losing commander will NOT inform the gaining commander of the sexual assault incident unless one of the following applies:
1. Active criminal investigation.
2. Active legal proceeding.
3. Ongoing victim healthcare (medical or mental health) needs that are directly related to the sexual assault.
4. Ongoing monthly CMG oversight involving the victim or
5. Active SAPR victim support services.
(b) When an Expedited Transfer is approved, the losing commander will inform the gaining commander of the inbound Expedited Transfer if any of the circumstances in paragraphs 5.b.(11)(a)1.-4. are occurring. The losing commander will limit the information given to
objective facts about victim care provided, status of open investigations, and the status of ongoing legal proceedings in order to provide the gaining commander with some context for victim behavior and to facilitate the victim’s access to advocacy, healthcare, MCIOs, and legal counsel.
1. SARC or SAPR VA case documents will not be transferred to the gaining SARC without consent from the victim.
2. The receiving commander will adopt processes to assure strict confidentiality. Only the immediate commander of the victim will be notified. The immediate commander may share the notification with the senior enlisted advisor, if deemed necessary to support the victim. All information shall be kept confidential to the extent authorized by law. Additional personnel will be notified by the commander only if they have direct input to the monthly CMG meeting. Every attempt must be made to limit access to
(12) If a victim transfers from the installation, then the processes in Table 2 apply as appropriate.
Table 2. Victim Transfer Processes
Table

TBody

Span
IF

THEN

THEN

Span
 The victim does NOT seek continued services of a SARC or SAPR VA at the new location, and

 The victim does NOT seek continued services of a SARC or SAPR VA at the new location, and

 The victim does NOT seek continued services of a SARC or SAPR VA at the new location, and

 The victim does NOT seek continued services of a SARC or SAPR VA at the new location, and

 The investigation or legal proceeding is ongoing at the original installation:

 The investigation or legal proceeding is ongoing at the original installation:

 The CMG responsibility remains with the original installation’s CMG chair.

 The CMG responsibility remains with the original installation’s CMG chair.

 The CMG responsibility remains with the original installation’s CMG chair.

 The CMG responsibility remains with the original installation’s CMG chair.

 The victim will be asked if she or he would like to receive the monthly update from the CMG meetings.

 The victim will be asked if she or he would like to receive the monthly update from the CMG meetings.

 If the victim wants the CMG updates, then the victim’s new commander will participate in person or call in to the CMG meetings and this call in will be documented in the minutes of the CMG.

 If the victim wants the CMG updates, then the victim’s new commander will participate in person or call in to the CMG meetings and this call in will be documented in the minutes of the CMG.

 The new commander will provide the victim a monthly update of her or his case within 72 hours of the last CMG.

 The new commander will provide the victim a monthly update of her or his case within 72 hours of the last CMG.

Span
The victim DOES seek SAPR services at the new location:

The victim DOES seek SAPR services at the new location:

 The advocacy responsibility transfers to the receiving SARC at the victim’s new installation (if the victim consents to seek SAPR services at new location), and then the CMG responsibility may transfer to the new location.

 The advocacy responsibility transfers to the receiving SARC at the victim’s new installation (if the victim consents to seek SAPR services at new location), and then the CMG responsibility may transfer to the new location.

 The advocacy responsibility transfers to the receiving SARC at the victim’s new installation (if the victim consents to seek SAPR services at new location), and then the CMG responsibility may transfer to the new location.

 The advocacy responsibility transfers to the receiving SARC at the victim’s new installation (if the victim consents to seek SAPR services at new location), and then the CMG responsibility may transfer to the new location.

 If the CMG does transfer to the location of the victim, then the MCIOs at the original installation (if there is an ongoing investigation) and the legal officer at the original installation (if there are ongoing legal proceedings) are required to call in to the CMG. This MCIO and

 If the CMG does transfer to the location of the victim, then the MCIOs at the original installation (if there is an ongoing investigation) and the legal officer at the original installation (if there are ongoing legal proceedings) are required to call in to the CMG. This MCIO and

Table 2. Victim Transfer Processes, Continued

Table 2. Victim Transfer Processes, Continued

Table 2. Victim Transfer Processes, Continued

Table 2. Victim Transfer Processes, Continued

Table 2. Victim Transfer Processes, Continued

Span
IF

THEN

THEN

Span

legal officer call-in will be documented in the CMG notes

legal officer call-in will be documented in the CMG notes

Span
 The victim seeks SAPR services at the new location, and

 The victim seeks SAPR services at the new location, and

 The victim seeks SAPR services at the new location, and

 The victim seeks SAPR services at the new location, and

 The Military Service determines that the CMG should stay at the original installation:

 The Military Service determines that the CMG should stay at the original installation:

 The SARC at the new location must call in to the CMG meeting at the original location to report on victim services and any safety or retaliation-related issues. This SARC call-in will be documented in the CMG notes.

 The SARC at the new location must call in to the CMG meeting at the original location to report on victim services and any safety or retaliation-related issues. This SARC call-in will be documented in the CMG notes.

 The SARC at the new location must call in to the CMG meeting at the original location to report on victim services and any safety or retaliation-related issues. This SARC call-in will be documented in the CMG notes.

 The SARC at the new location must call in to the CMG meeting at the original location to report on victim services and any safety or retaliation-related issues. This SARC call-in will be documented in the CMG notes.

 The victim’s new commander must also call in to the CMG meeting and must provide the victim a monthly update of her or his case within 72 hours of the last CMG.

 The victim’s new commander must also call in to the CMG meeting and must provide the victim a monthly update of her or his case within 72 hours of the last CMG.

(13) Require that Expedited Transfer procedures for Reserve Component members, Army NG, and Air NG members who make Unrestricted Reports of sexual assault be established by commanders within available resources and authorities. If requested by the Service member, the command should allow for separate training on different weekends or times from the alleged offender or with a different unit in the home drilling location to ensure undue burden is not placed on the Service member and his or her family by th
(14) Even in those court-martial cases in which the accused has been acquitted, the standard for approving an Expedited Transfer still remains whether a credible report has been filed. The commander shall consider all the facts and circumstances surrounding the case and the basis for the transfer request.
7. MILITARY PROTECTIVE ORDERS (MPO). In Unrestricted Reporting cases, commanders shall execute the following procedures regarding MPOs:
a. Require the SARC or the SAPR VA to inform sexual assault victims protected by an MPO, in a timely manner, of the option to request transfer from the assigned command in accordance with section 567(c) of Reference (k).
b. Notify the appropriate civilian authorities of the issuance of an MPO and of the individuals involved in the order, in the event an MPO has been issued against a Service member and any individual involved in the MPO does not reside on a military installation at any time during the duration of the MPO pursuant to Reference (j).
(1) An MPO issued by a military commander shall remain in effect until such time as the commander terminates the order or issues a replacement order.
(2) The issuing commander shall notify the appropriate civilian authorities of any change made in a protective order, or its termination, in accordance with Reference (j).
(3) When an MPO has been issued against a Service member and any individual involved in the MPO does not reside on a military installation at any time during the duration of the MPO, notify the appropriate civilian authorities of the issuance of an MPO and of the individuals involved in the order. The appropriate civilian authorities shall include, at a minimum, the local civilian law enforcement agency or agencies with jurisdiction to respond to an emergency call from the residence of any individual inv
c. Military commanders will, through their installation law enforcement agency, place an active MPO in the National Crime Information Center (NCIC) for the duration of the order. Installation law enforcement will initiate a police report for the MPO, creating the required Originating Agency Case Number, and place the MPO in the NCIC Protective Order File, using PROTECTION ORDER CONDITIONS (PCO) Field Code 08 with the following mandatory caveat in the miscellaneous field: “THIS IS A MILITARY PROTECTIVE OR
d. Advise the person seeking the MPO that the MPO is not enforceable by civilian authorities off base and that victims desiring protection off base should seek a civilian protective order (CPO). Off base violations of the MPO should be reported to the issuing commander, DoD law enforcement, and the relevant MCIO for investigation.
(1) Pursuant to section 1561a of Reference (d), a CPO shall have the same force and effect on a military installation as such order has within the jurisdiction of the court that issued such order. Commanders, MCIOs, and installation DoD law enforcement personnel shall take all reasonable measures necessary to ensure that a CPO is given full force and effect on all DoD installations within the jurisdiction of the court that issued such order.
(2) If the victim has informed the SARC of an existing CPO, a commander shall require the SARC to inform the CMG of the existence of the CPO and its requirements. After the CPO information is received at the CMG, DoD law enforcement agents shall be required to document CPOs for all Service members in their investigative case file, to include documentation for Reserve Component personnel in title 10 status.
e. MPOs in cases other than sexual assault matters may have separate requirements.
f. The issuing commander will fill out the DD Form 2873, “Military Protective Order (MPO),” and is required to provide the victim(s) and the alleged offender(s) with copies of the completed form. Verbal MPOs can be issued, but need to be subsequently documented with a DD Form 2873, as soon as possible.
g. Require DoD law enforcement agents document MPOs for all Service members in their investigative case file to include documentation for Reserve Component personnel in title 10 status. The appropriate DoD law enforcement agent representative to the CMG shall brief the CMG chair and co-chair on the existence of an MPO.
h. If the commander’s decision is to deny the MPO request, document the reasons for the denial. Denials of MPO requests go to the installation commander or equivalent command level (in consultation with a judge advocate) for the final decision.
i. The number of MPO(s) issued, to include violations, must be included in the Services’ and NGB Annual Program Review submission, as required by Reference (k).
8. COLLATERAL MISCONDUCT IN SEXUAL ASSAULT CASES
a. Collateral misconduct by the victim of a sexual assault is one of the most significant barriers to reporting assault because of the victim’s fear of punishment. Some reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct (e.g., underage drinking or other related alcohol offenses, adultery, fraternization, or other violations of certain regulations or orders). Commanders shall have discretion to defer action on alleged collateral misconduct by the se
b. In accordance with Secretary of Defense Memorandum (Reference (aw)), the initial disposition authority is withheld from all commanders within the Department of Defense who do not possess at least special court-martial convening authority and who are not in the grade of 0-6 (i.e., colonel or Navy captain) or higher, with respect to the alleged offenses of rape, sexual assault, and forcible sodomy; all attempts to commit such offenses, in violation of Articles 120, 125, and 80 of the UCMJ (sections 920, 9
c. Commanders and supervisors should take appropriate action for the victim’s alleged collateral misconduct (if warranted), responding appropriately in order to encourage sexual assault reporting and continued cooperation, while avoiding those actions that may further traumatize the victim. Ultimately, victim cooperation should significantly enhance timely and effective investigations, as well as the appropriate disposition of sexual assaults.
d. Subordinate commanders shall be advised that taking action on a victim’s alleged collateral misconduct may be deferred until final disposition of the sexual assault case. The
Military Departments shall establish procedures so that commanders and supervisors are not penalized for deferring alleged collateral misconduct actions for the sexual assault victim until final disposition of the sexual assault case.
e. Commanders shall have the authority to determine, in a timely manner, how to best manage the disposition of alleged misconduct, to include making the decision to defer disciplinary actions regarding a victim’s alleged collateral misconduct until after the final disposition of the sexual assault case, where appropriate. For those sexual assault cases for which the victim’s alleged collateral misconduct is deferred, Military Service reporting and processing requirements should take such deferrals into co
9. COMMANDER SAPR PREVENTION PROCEDURES. Each commander shall implement a SAPR prevention program that:
a. Establishes prevention practice consistent with his or her Service’s implementation of the “Department of Defense 2014-2016 Sexual Assault Prevention Strategy” (Reference (ax)). Prevention programs will address concerns about unlawful command influence so that victims’ rights are protected at the same time that the due process rights of the alleged offenders are safeguarded.
b. Establishes a command climate of sexual assault prevention predicated on mutual respect and trust, recognizes and embraces diversity, and values the contributions of all its Service members.
c. Emphasizes that sexual assault is a crime and violates the core values of being a professional in the Military Services and ultimately destroys unit cohesion and the trust that is essential for mission readiness and success.
d. Emphasizes DoD and Military Service policies on sexual assault and the potential legal consequences for those who commit such crimes.
e. Monitors the organization’s SAPR climate and responds with appropriate action toward any negative trends that may emerge.
f. Reflects feedback and modifications based on command climate surveys, which are regularly administered in accordance with section 572 of Reference (n).
g. Identifies and remedies environmental factors specific to the location that may facilitate the commission of sexual assaults (e.g., insufficient lighting).
h. Emphasizes sexual assault prevention training for all assigned personnel.
i. Establishes prevention training that focuses on identifying the behavior of potential offenders.
j. Identifies and utilizes community-based resources and partnerships to add depth to prevention efforts.
ENCLOSURE 6
SARC AND SAPR VA PROCEDURES
1. SARC PROCEDURES. The SARC shall:
a. Serve as the single point of contact to coordinate sexual assault response when a sexual assault is reported. All SARCs shall be authorized to perform victim advocate duties in accordance with Military Service regulations, and will be acting in the performance of those duties.
b. Comply with DoD Sexual Assault Advocate Certification requirements.
c. Be trained in and understand the confidentiality requirements of Restricted Reporting and MRE 514. Training must include exceptions to Restricted Reporting and MRE 514.
d. Assist the installation commander in ensuring that victims of sexual assault receive appropriate responsive care and understand their available reporting options (Restricted and Unrestricted) and available SAPR services.
e. Be authorized by this Instruction to accept reports of sexual assault along with the SAPR VA and healthcare personnel.
f. Report directly to the installation commander in accordance with Reference (c), to include providing regular updates to the installation commander and assist the commander to meet annual SAPR training requirements, including providing orientation briefings for newly assigned personnel and, as appropriate, providing community education publicizing available SAPR services.
g. Provide a 24 hours, 7 days per week response capability to victims of sexual assault, to include deployed areas.
(1) SARCs shall respond (see Glossary) to every Restricted and Unrestricted Report of sexual assault on a military installation and the response shall be in person, unless otherwise requested by the victim.
(2) Based on the locality, the SARC may ask the SAPR VA to respond and speak to the victim.
(a) There will be situations where a sexual assault victim receives medical care and a SAFE outside of a military installation under an MOU or MOA with local private or public sector entities. In these cases, pursuant to the MOU or MOA the SARC or SAPR VA shall be notified, and a SARC or SAPR VA shall respond.
(b) When contacted by the SARC or SAPR VA, a sexual assault victim can elect not to speak to the SARC or SAPR VA, or the sexual assault victim may ask to schedule an appointment at a later time to speak to the SARC or SAPR VA.
(3) SARCs shall provide a response that recognizes the high prevalence of pre-existing trauma (prior to the present sexual assault incident) and empowers an individual to make informed decisions about all aspects in the reporting process and to access available resources.
(4) SARCs shall provide a response that is gender-responsive, culturally-competent, and recovery-oriented.
(5) SARCs shall offer appropriate referrals to sexual assault victims and facilitate access to referrals. Provide referrals at the request of the victim.
(a) Encourage sexual assault victims to follow-up with the referrals and facilitate these referrals, as appropriate.
(b) In order to competently facilitate referrals, inquire whether the victim is a Reservist or an NG member to ensure that victims are referred to the appropriate geographic location.
h. Explain to the victim that the services of the SARC and SAPR VA are optional and these services may be declined, in whole or in part, at any time. The victim may decline advocacy services, even if the SARC or SAPR VA holds a position of higher rank or authority than the victim. Explain to victims the option of requesting a different SAPR VA (subject to availability, depending on locality staffing) or continuing without SAPR VA services.
(1) Explain the available reporting options to the victim.
(a) Assist the victim in filling out the DD Form 2910, where the victim elects to make a Restricted or Unrestricted Report. However, the victims, not the SARCs or SAPR VAs, must fill out the DD Form 2910. Explain that sexual assault victims have the right and ability to consult with a SVC/VLC before deciding whether to make a Restricted Report, Unrestricted Report, or no report at all. Additionally, the SARC or SAPR VA shall explain the eligibility requirements for an SVC/VLC, as well as the option to r
(b) Inform the victim that the DD Form 2910 will be uploaded to DSAID and retained for 50 years in Unrestricted Reports. The DD Forms 2910 and 2911 filed in connection with the Restricted Report shall be retained for 50 years, in a manner that protects confidentiality.
(c) The SARC or SAPR VA shall inform the victim of any local or State sexual assault reporting requirements that may limit the possibility of Restricted Reporting. At the same time, the victims shall be briefed of the protections and exceptions to MRE 514.
(2) Give the victim a hard copy of the DD Form 2910 with the victim’s signature.
(a) Advise the victim to keep the copy of the DD Form 2910 and the DD Form 2911 in their personal permanent records as these forms may be used by the victim in other matters before other agencies (e.g., Department of Veterans Affairs) or for any other lawful purpose.
(b) Store the original DD Form 2910 pursuant to secure storage Military Service regulations and privacy laws. A SARC being reassigned shall be required to assure their supervisor of the secure transfer of stored DD Forms 2910 to the next SARC. In the event of transitioning SARCs, the departing SARC shall inform their supervisor of the secure storage location of the DD Forms 2910, and the SARC supervisor will ensure the safe transfer of the DD Forms 2910.
(3) Explain SAFE confidentiality to victims and the confidentiality of the contents of the SAFE Kit.
(4) Explain the implications of a victim confiding in another person resulting in a third-party report to command or DoD law enforcement (see Enclosure 4 of this Instruction).
(5) Provide the installation commander and the immediate commander of the victim (if a civilian victim, then the immediate commander of the alleged offender) with information regarding an Unrestricted Report within 24 hours of an Unrestricted Report of sexual assault. This notification may be extended to 48 hours after the Unrestricted Report of the incident if there are extenuating circumstances in the deployed environments.
(6) Provide the installation commander with non-PII within 24 hours of a Restricted Report of sexual assault. This notification may be extended to 48 hours after the Restricted Report of the incident if there are extenuating circumstances in a deployed environment. Command and installation demographics shall be taken into account when determining the information to be provided. To ensure oversight of victim services for Restricted Report cases, the SARC will also confirm in her or his report that the vi
(7) Exercise oversight responsibility for SAPR VAs authorized to respond to sexual assaults when they are providing victim advocacy services.
(8) Perform victim advocacy duties, as needed. DoD recognizes the SARC’s authority to perform duties as SAPR VAs, even though the SARC may not be designated in writing as a SAPR VA pursuant to Military Service regulation.
(9) Inform the victim that, pursuant to their Military Service regulations, each Service member who reports having been sexually assaulted shall be given the opportunity to consult with legal assistance counsel, and in cases where the victim may have been involved in collateral misconduct, to consult with defense counsel.
(a) Explain the eligibility for SVC or VLC for victims filing Restricted or Unrestricted Reports, and the types of legal assistance authorized to be provided to the sexual assault victim, in accordance with section 1044e of Reference (d). Inform the victim of the opportunity to consult with legal assistance counsel and SVC or VLC as soon as the victim seeks assistance from a SARC or SAPR VA. Explain that the nature of the relationship between an SVC or VLC and a victim in the provision of legal advice an
(b) Inform the victim that information concerning the prosecution shall be provided to them in accordance with Reference (al).
(10) Facilitate education of command personnel on sexual assault and victim advocacy services.
(11) Facilitate briefings on victim advocacy services to Service members, military dependents, DoD civilian employees (OCONUS), DoD contractors (accompanying the Military Services in contingency operations OCONUS), and other command or installation personnel, as appropriate.
(12) Facilitate annual SAPR training.
(13) Facilitate the development and collaboration of SAPR public awareness campaigns for victims of sexual assault, including planning local events for Sexual Assault Awareness Month. Publicize the DoD Safe Helpline on all outreach materials and Service websites.
(14) Coordinate medical and counseling services between military installations and deployed units related to care for victims of sexual assault.
(15) Conduct an ongoing assessment of the consistency and effectiveness of the SAPR program within the assigned area of responsibility and report these observations to the installation commander.
(16) Collaborate with other agencies and activities to improve SAPR responses to and support of victims of sexual assault.
(17) Maintain liaison with commanders, DoD law enforcement, and MCIOs, and civilian authorities, as appropriate, for the purpose of facilitating the following protocols and procedures to:
(a) Activate victim advocacy 24 hours a day, 7 days a week for all incidents of reported sexual assault occurring either on or off the installation involving Service members and other persons covered by this Instruction.
(b) Collaborate on public safety, awareness, and prevention measures.
(c) Facilitate ongoing training of DoD and civilian law enforcement and criminal investigative personnel on the SAPR policy and program and the roles and responsibilities of the SARC and SAPR VAs.
(18) Consult with command legal representatives, healthcare personnel, and MCIOs, (or when feasible, civilian law enforcement), to assess the potential impact of State laws governing the reporting requirements for adult sexual assault that may affect compliance with the Restricted Reporting option and develop or revise applicable MOUs and MOAs, as appropriate.
(19) Collaborate with MTFs within their respective areas of responsibility to establish protocols and procedures to direct notification of the SARC and SAPR VA for all incidents of reported sexual assault, and facilitate ongoing training of healthcare personnel on the roles and responsibilities of the SARC and SAPR VAs.
(20) Collaborate with local private or public sector entities that provide medical care to Service members or TRICARE eligible beneficiaries who are sexual assault victims and a SAFE outside of a military installation through an MOU or MOA.
(a) Establish protocols and procedures with these local private or public sector entities to facilitate direct notification of the SARC for all incidents of reported sexual assault and facilitate training of healthcare personnel of local private or public sector entities on the roles and responsibilities of SARCs and SAPR VAs, for Service members and persons covered by this policy.
(b) Provide off installation referrals to the sexual assault victims, as needed.
(21) When a victim has a temporary or permanent change of station or is deployed, request victim consent to transfer case management documents and, upon receipt of victim consent, expeditiously transfer case management documents to ensure continuity of care and SAPR services. If the SARC has already closed the case and terminated victim contact, no other action is needed.
(22) Document and track the services referred to and requested by the victim from the time of the initial report of a sexual assault through the final case disposition or until the victim no longer desires services.
(a) Enter information into DSAID or Military Service DSAID-interface within 48 hours of the report of sexual assault. In deployed locations that have internet connectivity issues, the time frame is extended to 96 hours.
(b) Maintain in DSAID an account of the services referred to and requested by the victim for all reported sexual assault incidents, from medical treatment through counseling, and from the time of the initial report of a sexual assault through the final case disposition or until the victim no longer desires services. Should the victim return to the SARC or SAPR VA and request SAPR services after indicating that he or she no longer desired services, the case will be reopened and addressed at the CMG meeting
(c) A SARC will open a case in DSAID as an “Open with Limited Information” case when there is no signed DD 2910 (e.g., an independent investigation or third-party report, or when a civilian victim alleged sexual assault with a Service member subject) to comply with section 563(d) of Reference (j) and to ensure system accountability.
(23) Provide information to assist installation commanders to manage trends and characteristics of sexual assault crimes at the Military Service-level and mitigate the risk factors that may be present within the associated environment (e.g., the necessity for better lighting in the showers or latrines and in the surrounding area).
(24) Participate in the CMG to review individual cases of Unrestricted Reports of sexual assault.
(a) The installation SARC shall serve as the co-chair of the CMG. This responsibility is not delegable. If an installation has multiple SARCs on the installation, a Lead SARC shall be designated by the Service concerned, and shall serve as the co-chair.
(b) Other SARCs and SAPR VAs shall actively participate in each CMG meeting by presenting oral updates on their assigned sexual assault victim cases, providing recommendations and, if needed, seeking assistance from the chair or victim’s commander.
(25) Familiarize the unit commanders and supervisors of SAPR VAs with the SAPR VA roles and responsibilities, to include the “Supervisor and Commander Statement of Understanding” section in the DD Form 2950, “Department of Defense Sexual Assault Advocate Certification Program (D-SAACP) Application Packet for New Applicants.” The DD Form 2950 is located at the DoD Forms Management Program website at http://www.dtic.mil/whs/directives/infomgt/forms/index.htm.
(26) Offer victims the opportunity to participate in surveys asking for victim feedback on the reporting experience. Inform victims regarding what the survey will ask them and uses of the data collected.
2. SAPR VA PROCEDURES
a. The SAPR VA shall:
(1) Comply with DoD Sexual Assault Advocate Certification requirements in D-SAACP.
(2) Be trained in and understand the confidentiality requirements of Restricted Reporting and MRE 514. Training must include exceptions to Restricted Reporting and MRE 514.
(3) Facilitate care and provide referrals and non-clinical support to the adult victim of a sexual assault. Provide a response consistent with requirements for the SARC response in this Instruction.
(a) Support will include providing information on available options and resources so the victim can make informed decisions about his or her case.
(b) The SAPR VA will be directly accountable to the SARC in adult sexual assault cases (not under the FAP jurisdiction) and shall provide victim advocacy for adult victims of sexual assault.
(4) Acknowledge their understanding of their advocacy roles and responsibilities by reviewing the DD Form 2950.
b. At the Military Service’s discretion, victim advocacy may be provided by a Service member or DoD civilian employee. Personnel responsible for providing victim advocacy shall:
(1) Be notified and immediately respond upon receipt of a report of sexual assault.
(2) Provide coordination and encourage victim service referrals and ongoing, non-clinical support to the victim of a reported sexual assault and facilitate care in accordance with the Sexual Assault Response Protocols prescribed SAPR Policy Toolkit located on www.sapr.mil. Assist the victim in navigating those processes required to obtain care and services needed. It is neither the SAPR VA’s role nor responsibility to be the victim’s mental health provider or to act as an investigator.
(3) Report directly to the SARC while carrying out sexual assault advocacy responsibilities.
ENCLOSURE 7
HEALTHCARE PROVIDER PROCEDURES
This enclosure provides guidance on medical management of victims of sexual assault to ensure standardized, timely, accessible, and comprehensive healthcare for victims of sexual assault, to include the ability to elect a SAFE Kit. This policy is applicable to all MHS personnel who provide or coordinate medical care for victims of sexual assault covered by this Instruction.
a. Standardized Medical Care. To ensure standardized healthcare, the Surgeons General of the Military Departments shall:
(1) Require the recommendations for conducting forensic exams of adult sexual assault victims in Reference (aj) be used to establish minimum standards for healthcare intervention for victims of sexual assault. Training for sexual assault medical forensic examiners and healthcare providers shall be provided to maintain optimal readiness in accordance with Enclosure 10 of this Instruction and section 539 of Reference (p).
(2) Require that a SARC is immediately notified when a victim discloses a sexual assault so that the SARC can inform the victim of both reporting options (Restricted and Unrestricted) and all available services (e.g., SVC/VLC, Expedited Transfers, Military Protective Orders, document retention mandates). The victim can then make an informed decision as to which reporting option to elect and which services to request (or none at all). The victim is able to decline services in whole or in part at any time.
(3) Require the assignment of at least one full-time sexual assault medical forensic examiner to each MTF that has an emergency department that operates 24 hours per day. Additional sexual assault medical forensic examiners may be assigned based on the demographics of the patients who utilize the MTF.
(4) In cases of MTFs that do not have an emergency department that operates 24 hours per day, require that a sexual assault forensic medical examiner be made available to a patient of the facility consistent with the Department of Justice National Protocol for Sexual Assault Medical Forensic Examinations, Adult/Adolescent, through an MOU or MOA with local private or public sector entities and consistent with Reference (aj), when a determination is made regarding the patient’s need for the services of a sex
(a) The MOU or MOA will require that a SARC be notified and that SAFE Kits be collected in accordance with Enclosure 8 of this Instruction.
(b) When the forensic examination is conducted at a civilian facility through an MOU or an MOA with the DoD, the requirements for the handling of the forensic kit will be explicitly addressed in the MOU or MOA. The MOU or MOA with the civilian facility will address the processes for contacting the SARC and for contacting the appropriate DoD agency responsible for accepting custody of the forensic kit.
(5) Require that MTFs that provide SAFEs for Service members or TRICARE eligible beneficiaries through an MOU or MOA with private or public sector entities verify initially and periodically that those entities meet or exceed standards of the recommendations for conducting forensic exams of adult sexual victims in Reference (aj). In addition, verify that as part of the MOU or MOA, a SARC or SAPR VA is notified and responds and meets with the victim in a timely manner.
(6) Require that medical providers providing healthcare to victims of sexual assault in remote areas or while deployed have access to the current version of Reference (aj) for conducting forensic exams.
(7) Implement procedures to provide the victim information regarding the availability of a SAFE Kit, which the victim has the option of refusing. If performed in the MTF, the healthcare provider shall use a SAFE Kit and the most current edition of the DD Form 2911.
(8) Require that the SARC be notified of all incidents of sexual assault in accordance with sexual assault reporting procedures in Enclosure 4 of this Instruction.
(9) Require processes be established to support coordination between healthcare personnel and the SARC and SAPR VA. If a victim initially seeks assistance at a medical facility, SARC notification must not delay emergency care treatment of a victim.
(10) Require that care provided to sexual assault victims shall be gender-responsive, culturally competent, and recovery-oriented. Healthcare providers providing treatment to sexual assault victims shall recognize the high prevalence of pre-existing trauma (prior to present sexual assault incident) and the concept of trauma-informed care.
(11) If the healthcare provider is not appropriately trained to conduct a SAFE, require that he or she arrange for a properly trained DoD healthcare provider to do so, if available.
(a) In the absence of a properly trained DoD healthcare provider, the victim shall be offered the option to be transported to a non-DoD healthcare provider for the SAFE Kit, if the victim wants a forensic exam. Victims who are not beneficiaries of the Military Healthcare System shall be advised that they can obtain a SAFE Kit through a local civilian healthcare provider at no cost to them in accordance with Violence Against Women Act as explained in Reference (aj).
(b) When a SAFE is performed at local civilian medical facilities, those facilities are bound by State and local laws, which may require reporting the sexual assault to civilian law enforcement.
(c) If the victim requests to file a report of sexual assault, the healthcare personnel, to include psychotherapists and other personnel listed in MRE 513 (Reference (w)), shall immediately call a SARC or SAPR VA, to assure that a victim is offered SAPR services and so that a DD Form 2910 can be completed.
(12) Require that SAFE evidence collection procedures are the same for a Restricted and an Unrestricted Report of sexual assault, with the exception of the special requirements to safeguard PII in Restricted SAFE Kits in Enclosure 8 of this Instruction.
(a) Upon completion of the SAFE and securing of the evidence, the healthcare provider will turn over the material to the appropriate Military Service-designated law enforcement agency or MCIO as determined by the selected reporting option.
(b) Upon completion of the SAFE, the sexual assault victim shall be provided with a hard copy of the completed DD Form 2911. Advise the victim to keep the copy of the DD Form 2911 in his or her personal permanent records as this form may be used by the victim in other matters before other agencies (e.g., Department of Veterans Affairs) or for any other lawful purpose.
(13) Publicize availability of healthcare (to include mental health), and referral services for alleged offenders who are also active duty Service members. Such care will be administered in a way to respect and preserve the rights of the victim and the accused, and the physical safety of both.
(14) Require that the healthcare provider, in the course of preparing a SAFE Kit for Restricted Reports of sexual assault:
(a) Contact the designated installation official, usually the SARC, who shall generate an alpha-numeric RRCN, unique to each incident. The RRCN shall be used in lieu of PII to label and identify evidence collected from a SAFE Kit (e.g., accompanying documentation, personal effects, and clothing). The SARC shall provide (or the SARC will designate the SAPR VA to provide) the healthcare provider with the RRCN to use in place of PII.
(b) Upon completion of the SAFE package, seal, and completely label the evidence container(s) with the RRCN and notify the Military Service-designated law enforcement agency or MCIO.
(15) Require that healthcare personnel maintain the confidentiality of a Restricted Report to include communications with the victim, the SAFE, and the contents of the SAFE Kit, unless an exception to Restricted Reporting applies in accordance with Enclosure 4. Healthcare personnel who make an unauthorized disclosure of a confidential communication are subject to disciplinary action and that unauthorized disclosure has no impact on the status of the Restricted Report; all Restricted Reporting information
(16) Require that psychotherapy and counseling records and clinical notes pertaining to sexual assault victims contain only information that is required for diagnosis and treatment. Any record of an account of a sexual assault incident created as part of a psychotherapy exercise will
remain the property of the patient making the disclosure and should not be retained within the psychotherapist’s record.
b. Selection, Training, and Certification. For the selection, training, and certification of healthcare providers performing SAFEs in MTFs, refer to standards in Enclosure 10 of this Instruction.
c. Timely Medical Care. To comply with the requirement to provide timely medical care, the Surgeons General of the Military Departments shall:
(1) Implement processes or procedures giving victims of sexual assault priority as emergency cases.
(2) Provide sexual assault victims with priority treatment as emergency cases, regardless of evidence of physical injury, recognizing that every minute a patient spends waiting to be examined may cause loss of evidence and undue trauma. Priority treatment as emergency cases includes activities relating to access to healthcare, coding, and medical transfer or evacuation, and complete physical assessment, examination, and treatment of injuries, including immediate emergency interventions.
d. Comprehensive Medical Care. To comply with the requirement to provide comprehensive medical care, the Surgeons General of the Military Departments shall:
(1) Establish processes and procedures to coordinate timely access to emergency, follow-up, and specialty care that may be provided in the direct or civilian purchased care sectors for eligible beneficiaries of the Military Health System.
(2) Evaluate and implement, to the extent feasible, processes linking the medical management of the sexually assaulted patient to the primary care manager. To locate his or her primary care manager, a beneficiary may go to beneficiary web enrollment at https://www.hnfs.com/content/hnfs/home/tn/bene/res/faqs/beneficiary/enrollment_eligibility/who_pcm.html.
e. Clinically Stable. Require the healthcare provider to consult with the victim, once clinically stable, regarding further healthcare options to the extent eligible, which shall include, but are not limited to:
(1) Testing, prophylactic treatment options, and follow-up care for possible exposure to human immunodeficiency virus (HIV) and other sexually transmitted diseases or infections (STD/I).
(2) Assessment of the risk of pregnancy, options for emergency contraception, and any follow-up care and referral services to the extent authorized by law.
(3) Assessment of the need for behavioral health services and provisions for a referral, if necessary or requested by the victim.
f. Other Responsibilities
(1) The Surgeons General of the Military Departments shall:
(a) Identify a primary office to represent their Department in Military Service coordination of issues pertaining to medical management of victims of sexual assault.
(b) Assign a healthcare provider at each MTF as the primary point of contact concerning DoD and Military Service SAPR policy and for updates in sexual assault care.
(2) The Combatant Commanders shall:
(a) Require that victims of sexual assault are given priority treatment as emergency cases in deployed locations within their area of responsibility and are transported to an appropriate evaluation site, evaluated, treated for injuries (if any), and offered SAPR VA assistance and a SAFE as quickly as possible.
(b) Require that U.S. theater hospital facilities (Level 3, NATO role 3) (See Glossary) have appropriate capability to provide experienced and trained SARC and SAPR VA services and SAFE providers, and that victims of sexual assault, regardless of reporting status, are medically evacuated to such facilities as soon as possible (within operational needs) of making a report, consistent with operational needs.
(3) In accordance with DoDD 5136.13 (Reference (ay)), the Director, Defense Health Agency (DHA), will:
(a) Ensure that this policy is implemented in the National Capital Region.
(b) Identify a primary office to represent the National Capital Region in Military Service coordination of issues pertaining to medical management of victims of sexual assault.
(c) Assign a healthcare provider at each MTF in the National Capital Region as the primary point of contact concerning DoD and Military Service SAPR policy and for updates in sexual assault care.
ENCLOSURE 8
SAFE KIT COLLECTION AND PRESERVATION
For the purposes of the SAPR Program, forensic evidence collection and document and evidence retention shall be completed in accordance with this enclosure pursuant to Reference (c), taking into account the medical condition, needs, requests, and desires of each sexual assault victim covered by this Instruction.
a. Medical services offered to eligible victims of sexual assault include the ability to elect a SAFE in addition to the general medical management related to sexual assault response, to include medical services and mental healthcare. The SAFE of a sexual assault victim should be conducted by a healthcare provider who has been trained and certified in the collection of forensic evidence and treatment of these victims as specified in paragraph 7.d. in Enclosure 10 of this Instruction. The forensic compon
b. The process for collecting and preserving sexual assault evidence for the Restricted Reporting option is the same as the Unrestricted Reporting option, except that the Restricted Reporting option does not trigger the official investigative process, and any evidence collected has to be placed inside the SAFE Kit, which is marked with the RRCN in the location where the victim’s name would have otherwise been written. The victim’s SAFE and accompanying Kit is treated as a confidential communication under
c. In situations where installations do not have a SAFE capability, the installation commander will require that the eligible victim, who wishes to have a SAFE, be transported to a MTF or local off-base, non-military facility that has a SAFE capability. Local sexual assault medical forensic examiners or other healthcare providers who are trained and certified as specified in paragraph 7.d. of Enclosure 10 of this Instruction to perform a SAFE may also be contracted to report to the MTF to conduct the exam
d. The SARC or SAPR VA shall inform the victim of any local or State sexual assault reporting requirements that may limit the possibility of Restricted Reporting before proceeding with the SAFE.
e. Upon completion of the SAFE in an Unrestricted Reporting case, the healthcare provider shall package, seal, and label the evidence container(s) with the victim’s name and notify the MCIO. The SAFE Kit will be retained for 5 years in accordance with section 586 of Reference (m). When the forensic examination is conducted at a civilian facility through an MOU or an MOA with the DoD, the requirement for the handling of the forensic kit will be explicitly
addressed in the MOU or MOA. The MOU or MOA with the civilian facility will address the processes for contacting the SARC and for contacting the appropriate DoD agency responsible for accepting custody of the forensic kit. Personal property retained as evidence collected in association with a sexual assault investigation may be returned to the rightful owner of such property after the conclusion of all legal, adverse action and administrative proceedings related to such incidents in accordance with sectio
(1) The DoD law enforcement or MCIO representative shall be trained and capable of collecting and preserving evidence to assume custody of the evidence using established chain of custody procedures, consistent with the guidelines published under the authority and oversight of the DoD IG.
(2) MOUs and MOAs, with off-base, non-military facilities for the purposes of providing medical care to eligible victims of sexual assault covered under this Instruction, shall include instructions for the notification of a SARC (regardless of whether a Restricted or Unrestricted Report of sexual assault is involved), and procedures for the receipt of evidence and disposition of evidence back to the DoD law enforcement agency or MCIO.
f. Upon completion of the SAFE in a Restricted Reporting case, the healthcare provider shall package, seal, and label the evidence container(s) with the RRCN and store it in accordance with Service regulations. The SAFE Kit will be retained for 5 years in a location designated by the Military Service concerned. When the forensic examination is conducted at a civilian facility through an MOU or an MOA with the DoD, the requirement for the handling of the forensic kit will be explicitly addressed in the MO
(1) The DoD law enforcement or MCIO representative shall be trained and capable of collecting and preserving evidence to assume custody of the evidence using established chain of custody procedures, consistent with the guidelines published under the authority and oversight of the DoD IG. MOUs and MOAs, with off-base, non-military facilities for the purpose of providing medical care to eligible victims of sexual assault covered under this Instruction, shall include instructions for the notification of a SA
(2) Any evidence and the SAFE Kit in Restricted Reporting cases shall be stored for 5 years from the date of the victim’s Restricted Report of the sexual assault, thus allowing victims additional time to accommodate, for example, multiple deployments or deployments exceeding 12 months.
(a) The SARC will contact the victim at the 1-year mark of the report to inquire whether the victim wishes to change his or her reporting option to Unrestricted.
1. If the victim does not change to Unrestricted Reporting, the SARC will explain to the victim that the SAFE Kit will be retained for a total of 5 years from the time the victim signed the DD Form 2910 (electing the Restricted Report) and will then be destroyed. The DD Forms 2910 and 2911 will be retained for 50 years in a manner that protects confidentiality. The SARC will emphasize to the victim that his or her privacy will be respected and he or she will not be contacted again by the SARC. The SARC
2. The victim will be advised again to keep a copy of the DD Form 2910 and the DD Form 2911 in his or her personal permanent records as these forms may be used by the victim in other matters with other agencies (e.g., Department of Veterans Affairs) or for any other lawful purpose.
3. If the victim needs another copy of either of these forms, he or she can request it at this point and the SARC shall assist the victim in accessing the requested copies within 7 business days. The SARC will document this request in the DD Form 2910.
(b) At least 30 days before the expiration of the 5-year SAFE Kit storage period, the DoD law enforcement or MCIO shall notify the installation SARC that the storage period is about to expire and confirm with the SARC that the victim has not made a request to change to Unrestricted Reporting or made a request for any personal effects.
1. If there has been no change, then at the expiration of the storage period in compliance with established procedures for the destruction of evidence, the designated activity, generally the DoD law enforcement agency or MCIO, may destroy the evidence maintained under that victim’s RRCN.
2. If, before the expiration of the 5-year SAFE Kit storage period, a victim changes his or her reporting preference to the Unrestricted Reporting option, the SARC shall notify the respective MCIO, which shall then assume custody of the evidence maintained by the RRCN from the DoD law enforcement agency or MCIO, pursuant to established chain of custody procedures. MCIO established procedures for documenting, maintaining, and storing the evidence shall thereafter be followed.
a. The DoD law enforcement agency, which will receive forensic evidence from the healthcare provider if not already in custody, and label and store such evidence shall be designated.
b. The designated DoD law enforcement agency must be trained and capable of collecting and preserving evidence in Restricted Reports prior to assuming custody of the evidence using established chain of custody procedures.
(c) Evidence will be stored by the DoD law enforcement agency until the 5-year storage period for Restricted Reporting is reached or a victim changes to Unrestricted Reporting.
ENCLOSURE 9
CASE MANAGEMENT FOR UNRESTRICTED REPORTS OF SEXUAL ASSAULT
1. GENERAL
a. CMG oversight for Unrestricted Reports of adult sexual assaults is triggered by open cases in DSAID initiated by a DD Form 2910 or an investigation initiated by an MCIO. In a case where there is an investigation initiated by an MCIO, but no corresponding Unrestricted DD Form 2910:
(1) The SARC would have no information for the CMG members. During the CMG, the MCIO would provide case management information to the CMG including the SARC.
(2) The SARC would open a case in DSAID indicating the case status as “Open with Limited Information.” The SARC will only use information from the MCIO to initiate an “Open with Limited Information” case in DSAID. In the event that there was a Restricted Report filed prior to the independent investigation, the SARC will not use any information provided by the victim, since that information is confidential.
b. The installation commander or the deputy installation commander shall chair the CMG on a monthly basis to review individual cases, facilitate monthly victim updates, and direct system coordination, accountability, entry of disposition and victim access to quality services. This responsibility will not be delegated. If there are no cases in a given month, the CMG will still meet to ensure training, processes, and procedures are complete for the system coordination.
c. The installation SARC shall serve as the co-chair of the CMG. This responsibility shall not be delegated. Only a SARC who is a Service member or DoD civilian employee may co-chair the multi-disciplinary CMG.
d. Required CMG members shall include: victim’s immediate commander; all SARCs assigned to the installation (mandatory attendance regardless of whether they have an assigned victim being discussed); victims’ SAPR VA, MCIO, and DoD law enforcement representatives who have detailed knowledge of the case; victims’ healthcare provider or mental health and counseling services provider; chaplain, legal representative, or SJA; installation personnel trained to do a safety assessment of current sexual assault vi
e. If the installation is a joint base or if the installation has tenant commands, the commander of the tenant organization and the designated Lead SARC shall be invited to the CMG meetings.
The commander of the tenant organization shall provide appropriate information to the host commander, to enable the host commander to provide the necessary supporting services.
f. CMG members shall receive the mandatory SAPR training pursuant to Enclosure 10 of this Instruction.
g. Service Secretaries shall issue guidance to ensure that equivalent standards are met for case oversight by CMGs in situations where SARCs are not installation-based but instead work within operational and/or deployable organizations.
2. PROCEDURES
a. The CMG members shall carefully consider and implement immediate, short-term, and long-term measures to help facilitate and assure the victim’s well-being and recovery from the sexual assault. They will closely monitor the victim’s progress and recovery and strive to protect the victim’s privacy, ensuring only those with an official need to know have the victim’s name and related details. Consequently, where possible, each case shall be reviewed independently bringing in only those personnel associate
b. The CMG chair shall:
(1) Ensure that commander(s) of the Service member(s), who is a subject of a sexual assault allegation, provide in writing all disposition data, to include any administrative or judicial action taken, stemming from the sexual assault investigation to the MCIO. Information provided by commanders is used to meet the Department’s requirements for the submission of criminal history data to the Criminal Justice Information System, Federal Bureau of Investigation; and to record the disposition of offenders int
(2) Require effective and timely coordination and collaboration among CMG members. At each CMG meeting:
(a) Confirm that the MCIO assigned to an adult sexual assault investigation has notified the SARC as soon as possible, after the investigation is initiated in accordance with Reference (w).
(b) Confirm that all Unrestricted Reports, initiated by a DD Form 2910 or an investigation initiated by an MCIO, are entered into DSAID within 48 hours of the DD Form 2910 being signed by the victim.
(c) Confirm that commanders are providing the final disposition of sexual assault cases to MCIOs. Confirm that the installation commander’s or his/her designated legal officer is providing the SARC the required information for the SARC to enter the final case disposition in DSAID.
(d) Confirm that members of the SVIP are collaborating with local SARCs and SAPR VAs during all stages of the investigative and military justice process to ensure an integrated capability, to the greatest extent possible, in accordance with References (ap) and (ak).
(e) Confirm that the SARCs and SAPR VAs have what they need to provide an effective SAPR response to victims.
(3) Require that case dispositions to include cases disposed of by nonjudicial proceedings are communicated to the sexual assault victim, to the extent authorized by law, within 2 business days of the final disposition decision. The CMG chair will require that the appropriate paperwork (pursuant to Service regulation) is submitted for each case disposition within 24 hours, which shall be inputted into DSAID by the designated officials.
(4) Monitor and require immediate transfer of sexual assault victim information between SARCs and SAPR VAs, in the event of the SARC’s or SAPR VA’s change of duty station, to ensure continuity of SAPR services for victims.
(5) Require that the SARCs and SAPR VAs actively participate in each CMG meeting by presenting oral updates (without disclosing protected communications and victim confidentiality), providing recommendations and, if needed, the SARC or the SAPR VA shall affirmatively seek assistance from the chair or victim’s commander.
(6) Require an update of the status of each Expedited Transfer request and MPO.
(7) If the victim has informed the SARC of an existing CPO, the chair shall require the SARC to inform the CMG of the existence of the CPO and its requirements.
(8) After protective order documentation is presented at the CMG from the SARC or the SAPR VA, the DoD law enforcement agents at the CMG will document the information provided in their investigative case file, to include documentation for Reserve Component personnel in title 10 status.
c. The CMG Co-chair shall:
(1) Confirm that all reported sexual assaults are entered into DSAID within 48 hours of the report of sexual assault. In deployed locations, such as areas of combat that have internet connectivity issues, the time frame is extended to 96 hours.
(2) Confirm that only the SARC is inputting information into DSAID.
(3) Keep minutes of the monthly meetings to include those in attendance and issues discussed. CMG participants are only authorized to share case information with those who have an official need to know.
d. For each victim, the assigned SARC and SAPR VA will confirm at the CMG that the victim has been informed of their SAPR services to include counseling, medical, and legal resources without violating victim confidentiality.
e. For each victim, each CMG member who is involved with and working on a specific case will provide an oral update without violating victim confidentiality or disclosing privileged communications.
f. For each victim, the victim’s commander will confirm at the CMG that the victim has received a monthly update from the victim’s commander of her/his case within 72 hours of the last CMG, to assure timely victim updates. The victim’s commander cannot delegate this responsibility.
g. If a victim transfers from the installation, then the processes in Table 2 in Enclosure 5 will apply as appropriate.
h. On a joint base or if the installation has tenant commands:
(1) The CMG membership will explore the feasibility of joint use of existing SAPR resources, to include rotating on-call status of SARCs and SAPR VAs. Evaluate the effectiveness of communication among SARCs, SAPR VAs, and first responders.
(2) The CMG chair will request an analysis of data to determine trends and patterns of sexual assaults and share this information with the commanders on the joint base or the tenant commands. The CMG membership will be briefed on that trend data.
i. At every CMG meeting, the CMG Chair will ask the CMG members if the victim, victim’s family members, witnesses, bystanders (who intervened), SARCs and SAPR VAs, responders, or other parties to the incident have experienced any incidents of retaliation, reprisal, ostracism, or maltreatment. If any allegations are reported, the CMG Chair will forward the information to the proper authority or authorities (e.g., MCIO, Inspector General, MEO). Discretion may be exercised in disclosing allegations of reta
j. The CMG chair will confirm that each victim receives a safety assessment as soon as possible. There will be a safety assessment capability. The CMG chair will identify installation personnel who have been trained and are able to perform a safety assessment of each sexual assault victim.
(1) The CMG chair will require designated installation personnel, who have been trained and are able to perform a safety assessment of each sexual assault victim, to become part of the CMG and attend every monthly meeting.
(2) The CMG chair will request a safety assessment by trained personnel of each sexual assault victim at each CMG meeting, to include a discussion of expedited military transfers or MPOs, if needed.
(a) The CMG co-chair will confirm that the victims are advised that MPOs are not enforceable off-base by civilian law enforcement.
(b) If applicable, the CMG chair will confirm that both the alleged offender and the victim have a hard copy of the MPO.
(3) The CMG chair will immediately stand up a multi-disciplinary High-Risk Response Team if a victim is assessed to be in a high-risk situation. The purpose and the responsibility of the High-Risk Response Team is to continually monitor the victim’s safety, by assessing danger and developing a plan to manage the situation.
(a) The High-Risk Response Team (HRRT) shall be chaired by the victim’s immediate commander and, at a minimum, include the alleged offender’s immediate commander; the victim’s SARC and SAPR VA; the MCIO, the judge advocate, and the VWAP assigned to the case, victim’s healthcare provider or mental health and counseling services provider; and the personnel who conducted the safety assessment. The responsibility of the HRRT members to attend the HRRT meetings and actively participate in them will not be del
(b) The High-Risk Response Team shall make their first report to the installation commander, CMG chair, and CMG co-chair within 24 hours of being activated. A briefing schedule for the CMG chair and co-chair will be determined, but briefings shall occur at least once a week while the victim is on high-risk status.
(c) The High-Risk Response Team assessment of the victim shall include, but is not limited to evaluating:
1. Victim’s safety concerns.
2. Alleged offender’s access to the victim or whether the alleged offender is stalking or has stalked the victim.
3. Previous or existing relationship or friendship between the victim and the alleged offender, or the alleged offender and the victim’s spouse, or victim’s dependents. The existence of children in common. The sharing (or prior sharing) of a common domicile.
4. Whether the alleged offender (or the alleged offender’s friends or family members) has destroyed victim’s property; threatened or attacked the victim; or threatened, attempted, or has a plan to harm or kill the victim or the victim’s family members; or intimidated the victim to withdraw participation in the investigation or prosecution.
5. Whether the alleged offender has threatened, attempted, or has a plan to commit suicide.
6. Whether the alleged offender has used a weapon, threatened to use a weapon, or has access to a weapon that may be used against the victim.
7. Whether the victim has sustained serious injury during the sexual assault incident.
8. Whether the alleged offender has a history of law enforcement involvement regarding domestic abuse, assault, or other criminal behavior.
9. Whether the victim has a civilian protective order or command has an MPO against the alleged offender, or there has been a violation of a civilian protective order or MPO by the alleged offender.
10. History of drug or alcohol abuse by either the victim or the alleged offender.
11. Whether the alleged offender exhibits erratic or obsessive behavior, rage, agitation, or instability.
12. Whether the alleged offender is a flight risk.
ENCLOSURE 10
TRAINING REQUIREMENTS FOR DOD PERSONNEL
1. MANAGEMENT OF TRAINING REQUIREMENTS
a. Commanders, supervisors, and managers at all levels shall be responsible for the effective implementation of the SAPR program.
b. Military and DoD civilian officials at each management level shall advocate a robust SAPR program and provide education and training that shall enable them to prevent and appropriately respond to incidents of sexual assault.
c. Data shall be collected according to the annual reporting requirements in accordance with Reference (l) and explained in Enclosure 12 of this Instruction.
2. GENERAL TRAINING REQUIREMENTS
a. The Secretaries of the Military Departments and the Chief, NGB, shall direct the execution of the training requirements in this enclosure to individually address SAPR prevention and response in accordance with Enclosure 2 of this Instruction. These SAPR training requirements shall apply to all Service members and DoD civilian personnel who supervise Service members and should be provided by subject matter experts in those practice areas. These training requirements must align with current SAPR core co
(1) The Secretaries and the Chief, NGB, shall develop dedicated SAPR training to ensure comprehensive knowledge of the training requirements.
(2) The SAPR training, at a minimum, shall incorporate adult learning theory, which includes interaction and group participation.
(3) Upon request, the Secretaries and the Chief, NGB, shall submit a copy of SAPR training programs or SAPR training elements to the USD(P&R) through SAPRO for evaluation of consistency and compliance with DoD SAPR training standards in this Instruction. The Military Departments will correct USD(P&R) identified DoD SAPR policy and training standards discrepancies.
b. Commanders and managers responsible for training shall require that all personnel (i.e., all Service members, DoD civilian personnel who supervise Service members, and other personnel as directed by the USD(P&R)) are trained and that completion of training data is annotated. Commanders for accession training will ensure all new accessions are trained and that completion of training data is annotated.
c. If responsible for facilitating the training of civilians supervising Service members, the unit commander or civilian director shall require all SAPR training requirements in this enclosure are met. The unit commander or civilian equivalent shall be accountable for requiring data collection regarding the training.
d. The required subject matter for the training shall be appropriate to the Service member’s grade and commensurate with their level of responsibility, and will include:
(1) Defining what constitutes sexual assault. Utilizing the term “sexual assault” as defined in Reference (c).
(2) Explaining why sexual assaults are crimes.
(3) Defining the meaning of “consent” as defined in Reference (c).
(4) Explaining offender accountability and UCMJ violations.
(5) Explaining updates to military justice that impact victims, to include:
(a) The codification and enhancement of victims’ rights in the military.
(b) Changes in Articles 32 and 60 of the UCMJ (sections 832 and 860 of Reference (d)) and their impact on victims.
(c) Elimination of the 5-year statute of limitations on sexual assault.
(d) Minimum mandatory sentence of dismissal or dishonorable discharge for persons found guilty in a general court-martial of: rape under Article 120(a); sexual assault under Article 120(b); forcible sodomy under Article 125; or an attempt to commit these offenses under Article 80 of the UCMJ (sections 920(a), 920(b), 925, or 880 of Reference (d)).
(e) That defense counsel has to make the request to interview the victim through the SVC/VLC or other counsel for the victim, if the victim is represented by counsel. In addition, the victim has the right to be accompanied to the interview by the SARC, SAPR VA, SVC/VLC, or counsel for the government.
(f) That the victim has the right to submit matters for consideration by the convening authority during the clemency phase of the court-martial process, and the convening authority will not consider the victim’s character as a factor in making his or her determination unless such matters were presented at trial and not excluded at trial.
(g) Service regulations requiring inclusion of sex-related offenses in personnel records and mandating commanders to review personnel records of incoming Service members for these notations.
(h) Establishing a process to ensure consultation with a victim of an alleged sex-related offense that occurs in the United States to solicit the victim’s preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense.
(6) Explaining the distinction between sexual harassment and sexual assault and that both are unacceptable forms of behavior even though they may have different penalties. Emphasizing the distinction between civil and criminal actions.
(7) Explaining available reporting options (Restricted and Unrestricted), the advantages and limitations of each option, the effect of independent investigations on Restricted Reports (See paragraph 2.f. of Enclosure 4 of this Instruction) and explaining MRE 514.
(8) Providing an awareness of the SAPR program (DoD and Service) and command personnel roles and responsibilities, including all available resources for victims on and off base. Explaining that Military OneSource (see Glossary) has a mandatory reporting requirement.
(9) Identifying prevention strategies and behaviors that may reduce sexual assault, including bystander intervention, risk reduction, and obtaining affirmative consent. Identifying strategies to safely intervene and to guard against retaliation, reprisal, ostracism, or maltreatment because of that intervention.
(10) Discussing process change to ensure that all sexual assault response services are gender-responsive, culturally-competent, and recovery-oriented.
(11) Discussing Expedited Transfers and MPO procedures.
(12) Providing information to victims when the alleged perpetrator is the commander or in the victim’s chain of command, to go outside the chain of command to report the offense to other commanding officers or an Inspector General. Victims shall be informed that they can also seek assistance from SVC/VLC, a legal assistance attorney, or the DoD Safe Helpline.
(13) Discussing 50-year document retention for sexual assault documents (DD Forms 2910 and 2911), to include retention of investigative records. Explaining why it is recommended that sexual assault victims retain sexual assault records for potential use in VA benefits applications. Explain that the SAFE Kit is retained for 5 years in a Restricted Report cases to allow victims the opportunity to change their minds and convert to Unrestricted. Explain that the SAFE Kit is retained for 5 years in Unrestric
(14) Explaining the eligibility for SVC/VLC for individuals who make Restricted or Unrestricted Reports of sexual assault, and the types of legal assistance authorized to be provided to the sexual assault victim. Explaining that the nature of the relationship between an SVC/VLC and a victim in the provision of legal advice and assistance will be the relationship between an attorney and client.
(15) Explaining what constitutes retaliation, reprisal, coercion, ostracism, and maltreatment in accordance with Service regulations and Military Whistleblower Protections and procedures for reporting allegations of reprisal.
(a) Explaining what is the appropriate, professional response by peers to a victim and an alleged offender when a sexual assault is reported in a unit. Using scenarios to facilitate discussion of appropriate behavior, to include discussing potential resentment of peers for victims, bystanders, or witnesses who report a sexual assault. Explaining that incidents of retaliation, reprisal, ostracism, and maltreatment violate good order and discipline, erode unit cohesion, and deter reporting of sexual assaul
(b) Explaining that all personnel in the victim’s chain of command, officer and enlisted, when they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment, are required to take appropriate measures to protect the victim, including information regarding how to prevent retaliation, reprisal, ostracism, and maltreatment in a unit after a report of sexual assault.
(16) Explaining Service regulations that protect Service member victims of sexual assault and/or their dependents from retaliation, reprisal, ostracism, and maltreatment. If the allegation is an act that is criminal in nature and the victim filed an Unrestricted Report, the allegation should immediately be reported to an MCIO. Explaining that victims can seek assistance on how to report allegations by requesting assistance from:
(a) A SARC, SAPR VA, or SVC/VLC.
(b) A SARC in different installation, which can be facilitated by Safe Helpline.
(c) Their immediate commander.
(d) A commander OUTSIDE their chain of command.
(e) Service personnel to invoke their Service-specific reporting procedures regarding such allegations (Reference (as)).
(f) Service MEO representative to file a complaint of sexual harassment.
(g) A G/FO if the retaliation, reprisal, ostracism, or maltreatment involves the administrative separation of a victim within 1 year of the final disposition of the sexual assault case. A victim may request that the G/FO review the separation.
(h) A G/FO if the victim believes there has been an impact on their military career because victims reported a sexual assault or sought mental health treatment for sexual assault. The victim may discuss the impact with the G/FO.
(i) An SVC/VLC, trial counsel and VWAP, or legal assistance attorney to facilitate a report with a SARC or SAPR VA.
(j) Service personnel to file a complaint of wrongs in accordance with Article 138 of the UCMJ (section 938 of Reference (d)).
(k) DoD IG, invoking Whistle-blower Protections.
(l) Commander or SARC to request an Expedited Transfer.
(m) Commander or SARC to request a safety transfer or MPO, if the victim fears violence.
(17) Explaining Service regulations that protect SARC and SAPR VA from retaliation, reprisal, ostracism, and maltreatment, related to the execution of their duties and responsibilities.
(18) Explaining Service regulations that protect witnesses and bystanders who intervene to prevent sexual assaults or who report sexual assaults from retaliation, reprisal, ostracism, and maltreatment.
(19) Explaining that, when completing an SF 86 in connection with an application, investigation, or reinvestigation for a security clearance, it is DoD policy to answer “no” to question 21 of SF 86 with respect to consultation with a health care professional if:
(a) The individual is a victim of a sexual assault; or
(b) The consultation occurred with respect to an emotional or mental health condition strictly in relation to the sexual assault.
3. DOD PERSONNEL TRAINING REQUIREMENTS. Refer to Military Service-specific training officers that maintain personnel training schedules.
a. Initial SAPR training will occur within 14 days of initial entrance.
(1) The matters specified in paragraph 3a(2) of this section will be carefully explained to each member of the Military Services at the time of or within 14 duty days of the member’s initial entrance to active duty or the member’s initial entrance into a duty status with a Reserve Component.
(2) The matters to be explained in the initial SAPR training include:
(a) DoD policy with respect to sexual assault.
(b) Special emphasis to interactive scenarios that fully explain the reporting options and the channels through which victims can make an Unrestricted or a Restricted Report of a sexual assault.
(c) The resources available with respect to sexual assault reporting and prevention and the procedures a member seeking to access those resources should follow. Emphasize that sexual assault victims have the right and ability to consult with a SVC or VLC before deciding whether to make a Restricted or Unrestricted Report, or no report at all.
b. Accessions training shall occur upon initial entry.
(1) Mirror the General Training Requirements in section 2 of this enclosure.
(2) Provide scenario-based, real-life situations to demonstrate the entire cycle of prevention, reporting, response, and accountability procedures to new accessions to clarify the nature of sexual assault in the military environment.
c. Annual training shall occur once a year and is mandatory for all Service members regardless of rank or occupation or specialty.
(1) Mirror the General Training Requirements in section 2 of this enclosure.
(2) Explain the nature of sexual assault in the military environment using scenario-based, real-life situations to demonstrate the entire cycle of prevention, reporting, response, and accountability procedures.
(3) Deliver to Service members in a joint environment from their respective Military Services and incorporate adult learning theory.
d. Professional military education (PME) and leadership development training (LDT).
(1) For all trainees, PME and LDT shall mirror the General Training Requirements in section 2 of this enclosure.
(2) For senior noncommissioned officers and commissioned officers, PME and LDT shall occur during developmental courses throughout the military career and include:
(a) Explanation and analysis of the SAPR program.
(b) Explanation and analysis of the necessity of immediate responses after a sexual assault has occurred to counteract and mitigate the long-term effects of violence. Long-term responses after sexual assault has occurred will address the lasting consequences of violence.
(c) Explanation of rape myths (see SAPR Toolkit on www.sapr.mil), facts, and trends pertaining to the military population.
(d) Explanation of the commander’s and senior enlisted Service member’s role in the SAPR program.
(e) Review of all items found in the “Commander’s 30-Day Checklist for Unrestricted Reports of Sexual Assault”. (See SAPR Toolkit on www.sapr.mil.)
(f) Explanation of what constitutes retaliation, reprisal, ostracism, and maltreatment in accordance with Service regulations and Military Whistleblower Protections. This includes understanding:
1. Of resources available for victims (listed in Enclosure 4 of this Instruction) to report instances of retaliation, reprisal, ostracism, maltreatment, sexual harassment, or to request a transfer or MPO.
2. That victims who reported a sexual assault or sought mental health treatment for sexual assault may discuss issues related to their military career with a G/FO that the victim believes are associated with the sexual assault.
3. That all personnel in the victim’s chain of command, officer and enlisted, when they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment, are required to take appropriate measures to protect the victim.
4. Of a supervisor’s role in unit SAPR programs and how to address sexual assault and other illegal and other negative behaviors that can affect command climate.
e. Pre-deployment training shall be provided.
(1) Mirror the General Training Requirements in section 2 of this enclosure.
(2) Explain risk reduction factors tailored to the deployment location.
(3) Provide a brief history of the specific foreign countries or areas anticipated for deployment, and the area’s customs, mores, religious practices, and status of forces agreement. Explain cultural customs, mores, and religious practices of coalition partners.
(4) Identify the type of trained sexual assault responders who are available during the deployment (e.g., law enforcement personnel, legal personnel, SARC, SAPR VAs, healthcare personnel, chaplains).
(5) Include completion of D-SAACP certification for SARCs and SAPR VAs.
f. Post-deployment reintegration training shall occur within 30 days of returning from deployment and:
(1) Commanders of re-deploying personnel will ensure training completion.
(2) Explain available counseling and medical services, reporting options, and eligibility benefits for Service members (active duty and Reserve Component).
(3) Explain MRE 514. Explain that National Guard and Reserve members can make a Restricted or Unrestricted report with the SARC or SAPR VA and then be eligible to receive SAPR services.
g. Pre-command training shall occur prior to filling a command position.
(1) Mirror the General Training Requirements in section 2 of this enclosure.
(a) The personnel trained shall include all officers who are selected for command and the unit’s senior enlisted Service member.
(b) The required subject matter for the training shall be appropriate to the level of responsibility and commensurate with level of command.
(2) Explain rape myths, facts, and trends.
(3) Provide awareness of the SAPR program and explain the commander’s and senior enlisted Service member’s role in executing their SAPR service program.
(4) Review all items found in the commander’s protocols for Unrestricted Reports of sexual assault. (See SAPR Toolkit on www.sapr.mil.)
(5) Explain what constitutes retaliation, reprisal, ostracism, and maltreatment in accordance with Service regulations and Military Whistleblower Protections and procedures for addressing reprisal allegations. This includes understanding:
(a) Resources available for victims (listed in Enclosure 4 of this Instruction) to report instances of retaliation, reprisal, ostracism, maltreatment, sexual harassment or to request a transfer or MPO.
(b) That victims who reported a sexual assault or sought mental health treatment for sexual assault may discuss issues related to their military career with the G/FO that the victim believes are associated with the sexual assault.
(c) That all personnel in the victim’s chain of command, officer and enlisted, when they become aware of allegations of retaliation, reprisal, ostracism, or maltreatment, are required to take appropriate measures to protect the victim.
(d) The role of the chain of command in unit SAPR programs.
(e) The skills needed to address sexual harassment and sexual assault. Interactive exercises should be conducted to provide supervisors the opportunity to practice these skills.
(6) A sexual assault prevention and response training module will be included in the training for new or prospective commanders at all levels of command. The training will be
tailored to the responsibilities and leadership requirements of members of the Military Services as they are assigned to command positions. Such training will include:
(a) Fostering a command climate that does not tolerate sexual assault.
(b) Fostering a command climate in which persons assigned to the command are encouraged to intervene to prevent potential incidents of sexual assault.
(c) Fostering a command climate that encourages victims of sexual assault to report any incident of sexual assault.
(d) Understanding the needs of and the resources available to, the victim after an incident of sexual assault.
(e) Using MCIOs for the investigation of alleged incidents of sexual assault.
(f) Understanding available disciplinary options, including court-martial, nonjudicial punishment, administrative action, and deferral of discipline for collateral misconduct, as appropriate.
(g) Understanding the Expedited Transfer policy. Commanders have the authority to make a timely determination, and to take action, regarding whether a Service member who is alleged to have committed or attempted to commit a sexual assault offense should be temporarily reassigned or removed from a position of authority or from an assignment. This determination should be made, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the Service member’s unit in
h. Curricula of the MSAs will include:
(1) Substantive course work that addresses honor, respect, character development, leadership, and accountability as such pertain to the issue of preventing and the appropriate response to sexual assault in the Military Services.
(2) Initial SAPR training will occur within 14 days of the initial arrival of a new cadet or midshipman at that MSA and repeated annually thereafter. Training will be conducted using adult learning method in accordance with section 3.a. of this enclosure.
(3) At a minimum, a brief history of the problem of sexual assault in the Military Services, a definition of sexual assault, information relating to reporting a sexual assault, victims’ rights, and dismissal and dishonorable discharge for offenders of Service members convicted by general court-martial for certain sex-related offenses in accordance with section 856 of Reference (d).
4. G/FO AND SES PERSONNEL TRAINING REQUIREMENTS. G/FO and SES personnel training shall occur at the initial executive level program training and annually thereafter. Mirror the General Training Requirements in section 2 of this enclosure.
a. The Military Service executive level management offices are responsible for tracking data collection regarding the training.
b. The required subject matter for the training shall be appropriate to the level of responsibility and commensurate with level of command.
c. Training guidance for other DoD components other than the Military Departments, will be provided in a separate issuance.
5. MILITARY RECRUITERS. Military recruiter training shall occur annually and mirror the General Training Requirements in section 2 of this enclosure.
6. TRAINING FOR CIVILIANS WHO SUPERVISE SERVICE MEMBERS. Training is required for civilians who supervise Service members, for all civilians in accordance with section 585 of Reference (m), and, if feasible, highly recommended for DoD contractors. Training shall occur annually and mirror the General Training Requirements in section 2 of this enclosure.
7. RESPONDER TRAINING REQUIREMENTS. To standardize services throughout the DoD, as required in Reference (c), all DoD sexual assault responders shall receive the same baseline training. These minimum training standards form the baseline on which the Military Services and specialized communities can build. First responders are composed of personnel in the following disciplines or positions: SARCs; SAPR VAs; healthcare personnel; DoD law enforcement; MCIOs; judge advocates; chaplains; firefighters and em
a. All responder training shall:
(1) Be given in the form of initial and annual refresher training from their Military Service in accordance with Enclosure 2 of this Instruction. Responder training is in addition to annual training.
(2) Be developed for each responder functional area from each military service and shall:
(a) Explain the different sexual assault response policies and critical issues.
1. DoD SAPR policy, including the role of the SARC, SAPR VA, victim witness liaison, and CMG.
2. Military Service-specific policies.
3. Unrestricted and Restricted Reporting as well as MRE 514.
4. Exceptions to Restricted Reporting and limitations to use.
5. Change in victim reporting preference election.
6. Victim advocacy resources.
(b) Explain the requirement that SARCs must respond in accordance with this Instruction.
(c) Describe local policies and procedures with regards to local resources, referrals, procedures for military and civilians as well as collaboration and knowledge of resources and referrals that can be utilized at that specific geographic location.
(d) Explain the range of victim responses to sexual assault to include:
1. Victimization process, including re-victimization and secondary victimization.
2. Counterintuitive behavior.
3. Impact of trauma on memory and recall.
4. Potential psychological consequences, including acute stress disorder and post-traumatic stress disorder.
(e) Explain deployment issues, including remote location assistance.
(f) Explain the possible outcomes of investigations of sexual assault.
(g) Explain the possible flow of a sexual assault investigation. (See flowchart in the SAPR Policy Toolkit, located at www.sapr.mil.)
(h) Be completed prior to deployment.
(i) Recommend, but not require, that SAPR training for responders include safety and self-care.
(j) Explain how to provide a response that recognizes the high prevalence of pre-existing trauma.
(k) Explain the eligibility for SVC or VLC for both Restricted and Unrestricted Reports of sexual assault, and the types of legal assistance authorized to be provided to the sexual assault victim. Explain that the nature of the relationship between an SVC/VLC and a
victim in the provision of legal advice and assistance will be the relationship between an attorney and client.
b. SARC training shall:
(1) Provide the responder training requirements in paragraph 7.a. of this enclosure.
(2) Be scenario-based and interactive. Provide for role play where a trainee SARC counsels a sexual assault victim and is critiqued by a credentialed SARC and/or an instructor.
(3) Explain roles and responsibilities and command relationships.
(4) Explain the different reporting options, to include the effects of independent investigations (see Enclosure 4 of this Instruction). Explain the exceptions to Restricted Reporting, with special emphasis on suspending Restricted Reporting where it is necessary to prevent or mitigate a serious and imminent threat to the health or safety of the victim or another person.
(5) Provide training on how MCIOs will be entering reports of sexual assault into DSAID through MCIO cases management systems or by direct data entry. Provide training on potential discovery obligations regarding any notes entered in DSAID.
(6) Provide training on document retention and SAFE Kit retention in Restricted and Unrestricted cases. Explain evidence collected in a sexual assault investigation is disposed of in accordance with section 586 of Reference (m), as amended by section 538 of Reference (p), and DoD regulations.
(7) Provide training on Expedited Transfer and MPO procedures.
(8) Provide instruction on all details of SAPR VA screening, including:
(a) What to do if SAPR VA is a recent victim, or knows sexual assault victims.
(b) What to do if SAPR VA was accused of being an offender or knows someone who was accused.
(c) Identifying the SAPR VA’s personal biases.
(d) The necessary case management skills:
1. Required reports and proper documentation as well as records management.
2. Instruction to complete DD Form 2910 and proper storage according to Federal and Service privacy regulations.
3. Ability to conduct SAPR training, when requested by the SARC or commander.
4. Transferring cases to another installation SARC.
(9) Explain the roles and responsibilities of the VWAP and DD Form 2701.
(10) Inform SARCs of the existence of the SAPRO website at http://www.sapr.mil, and encourage its use for reference materials and general DoD-level SAPR information.
(11) Include annual suicide prevention training to facilitate their ability to assist a sexual assault victim who has suicidal ideation.
c. SAPR VA training shall:
(1) Provide the responder training requirements in paragraph 7.a. of this enclosure.
(2) Be scenario-based and interactive. Provide for role play where a trainee SAPR VA counsels a sexual assault victim, and then that counseling session is critiqued by an instructor.
(3) Explain the different reporting options, to include the effects of independent investigations (see Enclosure 4 of this Instruction). Explain the exceptions to Restricted Reporting, with special emphasis on suspending Restricted Reporting where it is necessary to prevent or lessen a serious and imminent threat to the health or safety of the victim or another person.
(4) Include:
(a) Necessary critical advocacy skills.
(b) Basic interpersonal and assessment skills.
1. Appropriate relationship and rapport building.
2. Sensitivity training to prevent re-victimization.
(c) Crisis intervention.
(d) Restricted and Unrestricted Reporting options as well as MRE 514.
(e) Roles and limitations, to include: command relationship, SAPR VA’s rights and responsibilities, reporting to the SARC, and recognizing personal biases and issues.
(f) Preparing proper documentation for a report of sexual assault.
(g) Document retention and SAFE Kit retention in Restricted and Unrestricted cases. Explain evidence collected with a sexual assault investigation is disposed of in accordance with section 586 of Reference (m), amended by section 538 of Reference (p), and DoD regulations.
(h) Expedited Transfer and MPO procedures.
(i) Record keeping rules for protected disclosures relating to a sexual assault.
(j) A discussion of ethical issues when working with sexual assault victims as a victim advocate.
(k) A discussion of individual versus system advocacy.
(l) A review of the military justice process and adverse administrative actions.
(m) Overview of criminal investigative process and military judicial requirements.
(n) A review of the issues in victimology.
1. Types of assault.
2. Health consequences such as mental and physical health.
3. Cultural and religious differences.
4. Victims’ rights and the victim’s role in holding offenders appropriately accountable and limitations on offender accountability when the victim elects Restricted Reporting.
5. Healthcare management of sexual assault and medical resources and treatment options to include the medical examination, the forensic examination, mental health and counseling, pregnancy, and STD/I and HIV.
6. Identification of safety issues and their immediate report to the SARC or law enforcement, as appropriate.
7. Identification of retaliation, reprisal , ostracism, and maltreatment actions against the victim; procedures for responding to these allegations and their immediate reporting to the SARC and the VWAP; safety planning to include how to prevent retaliation, reprisal, ostracism, and maltreatment actions against the victim.
8. Separation of the victim and offender as well as the MPO and CPO process.
9. Expedited Transfer process for the victim.
(o) An explanation of the roles and responsibilities of the VWAP and DD Form 2701.
(p) Safety and self-care, to include vicarious trauma.
(5) Include annual suicide prevention training to facilitate their ability to assist a sexual assault victim who has suicidal ideation.
d. Healthcare personnel training shall be in two distinct training categories:
(1) Training for Healthcare Personnel Assigned to an MTF. In addition to the responder training requirements in paragraphs 7.a. of this enclosure, healthcare personnel who received a Restricted Report shall immediately call a SARC or SAPR VA, so a DD Form 2910 can be completed. Training must include the information that healthcare personnel who receive a Restricted Report will maintain confidentiality to the extent authorized by law and this instruction. Training must include Expedited Transfers.
(2) Training for Sexual Assault Medical Forensic Examiners. Healthcare personnel who received a Restricted Report shall immediately call a SARC or SAPR VA, so a DD Form 2910 can be completed.
(a) In addition to the responder training requirements and healthcare personnel requirements in paragraphs 7.a. and 7.d.1. of this enclosure, healthcare providers performing SAFEs will be trained and must remain proficient in conducting SAFEs.
(b) All providers conducting SAFEs must have documented education, training, and clinical practice in sexual assault examinations in accordance with Reference (al) and the Department of Justice National Training Standards (Reference (az)) and in accordance with DoDI 6025.13 (Reference (ba)).
(c) There must be selection, training, and certification standards for healthcare providers performing SAFEs in MTFs.
1. Selection
a. Have specified screening and selection criteria consistent with References (ai), (az), and (ba).
b. In addition to the requirements in Reference (ba), licensed DoD providers eligible to take SAFE training must pass a National Agency Check that will determine if they have been convicted of sexual assault, child abuse, domestic violence, violent crime (as defined by the Federal Bureau of Investigation’s Uniform Crime Reporting Program) and other felonies.
c. If the candidate is a non-licensed provider, he or she must meet the same screening standards as those for SARCs in the D-SAACP certification program.
2. Training for Healthcare Providers Performing SAFEs in MTFs. Healthcare providers who may be called on to provide comprehensive medical treatment to a sexual assault victim, including performing SAFEs, are: obstetricians, gynecologists, and other licensed practitioners (preferably family physicians, emergency medicine physicians, and pediatricians); advanced practice nurses with specialties in midwifery, women’s health, family health, and pediatrics; physician assistants trained in family practice or w
a. In addition to the responder training requirements and the healthcare personnel training requirements in paragraphs7.a.and 7.d.1. of this enclosure, healthcare providers performing SAFEs shall be trained and remain proficient in conducting SAFEs.
b. All providers conducting SAFEs must have documented education, training, and clinical practice in sexual assault examinations in accordance with Reference (aj) and the DOJ National Training Standards in accordance with Reference (az).
3. Certification
a. Provider must pass all selection and screening criteria.
b. Provider must submit documentation by trainer that healthcare provider has successfully completed SAFE training and is competent to conduct SAFEs independently. Documentation can be in the form of a certificate or be recorded in an electronic medical training tracking system.
c. Provider must obtain a letter of recommendation from her or his commander.
d. Upon successful completion of the selection, training, and certification requirements, the designated medical certifying authority will issue the certification for competency. Certification is good for 3 years from date of issue and must be reassessed and renewed at the end of the 3-year period.
(3) Additional Training Topics for Healthcare Providers Performing SAFEs:
(a) The SAFE Kit and DD Form 2911.
(b) Toxicology kit for suspected drug-facilitated cases.
(c) Chain of custody.
(d) Translation of findings.
(e) Proper documentation.
(f) Storage of evidence in Restricted Reports (e.g., RRCN).
(g) Management of the alleged offender.
(h) Relevant local and State laws and restrictions.
(i) Medical treatment issues during deployments including remote location assistance to include: location resources including appropriate personnel, supplies (drying device, toluidine blue dye, colposcope, camera), standard operating procedures, location of SAFE Kit and DD Form 2911; and availability and timeliness of evacuation to echelon of care where SAFEs are available.
(j) How to provide testing, prophylactic treatment options, and follow-up care to possible exposure to human immunodeficiency virus (HIV), and other sexually transmitted diseases or infections (STD/Is).
(k) How to assess the risk of pregnancy; provide options for emergency contraception, and any follow-up care and referral services to the extent authorized by law.
(l) How to assess the need for mental health services and provisions for a referral, if necessary or requested by the victim.
(m) How to conduct physical and mental health assessment.
(n) How to deal with sexual assault-related trauma, to include:
1. Types of injury.
2. Photography of injuries.
3. Behavioral health and counseling needs.
4. Consulting and referral process.
5. Appropriate follow-up.
6. Drug or alcohol-facilitated sexual assault, to include review of best practices, victim interview techniques, and targeted evidence collections.
(o) Medical record management.
(p) Legal process and expert witness testimony.
e. DoD law enforcement (those elements of DoD components, to include MCIOs, authorized to investigate violations of the UCMJ) training shall:
(1) Include the responder training requirements in paragraph 7.a. of this enclosure for DoD law enforcement personnel who may respond to a sexual assault complaint.
(2) Remain consistent with the guidelines published under the authority and oversight of the DoD IG. In addition, DoD law enforcement training shall:
(a) Explain how to respond in accordance with the SAPR program.
(1) When to notify the command, SARC, and SAPR VA.
(2) How to work with SAPR VAs and SARCs, and medical personnel.
(3) In the event that law enforcement personnel respond to a 911 or emergency call involving sexual assault, how to refer the incident to the appropriate MCIO for investigation (after taking appropriate emergency response actions).
(b) Explain how to work with sexual assault victims, to include the effects of trauma on sexual assault victims. Ensure victims are informed of and accorded their rights, in accordance with Reference (al) and paragraph 4.4 of Reference (av) by contacting the VWAP.
(c) Take into consideration the victim’s safety concerns and medical needs.
(d) Review IG policy and Military Service regulations regarding the legal transfer of the SAFE Kit and the retention of the DD Form 2911 or reports from civilian sexual assault forensic exams in archived files. Explain that if the victim had a SAFE, the SAFE Kit will be retained for 5 years in accordance with Reference (ac) and with section 586 of Reference (m), as amended by section 538 of Reference (p). Personal property retained as evidence collected in association with a sexual assault investigation
(e) Discuss sex offender issues.
f. Training for MCIO agents assigned to investigate sexual assaults shall:
(1) Be detailed in IG policy.
(2) Adhere to the responder training requirements in paragraph 7.a. of this enclosure for military and civilian criminal investigators assigned to MCIOs who may respond to a sexual assault complaint.
(3) Remain consistent with the guidelines published under the authority and oversight of the DoD IG. In addition, MCIO training shall:
(a) Include initial and annual refresher training on essential tasks specific to investigating sexual assault investigations that explain that these reports shall be included in sexual assault quarterly and annual reporting requirements found in Enclosure 12 of this Instruction.
(b) Include IG policy and Military Service regulations regarding the legal transfer of the SAFE Kit and the retention of the DD Form 2911 or reports from civilian sexual assault forensic exams in archived files. Explain that if the victim had a SAFE, the SAFE Kit will be retained for 5 years in accordance with Reference (ac) and in accordance with section 586 of the Reference (m), as amended by section 538 of Reference (p). Personal property retained as evidence collected in association with a sexual ass
(c) Explain how to work with victims of sexual assault.
1. Effects of trauma on the victim to include impact of trauma and stress on memory as well as balancing investigative priorities with victim needs.
2. Ensure victims are informed of and accorded their rights, in accordance with Reference (al) and paragraph 4.4. of Reference (av) by contacting the VWAP.
3. Take into consideration the victim’s safety concerns and medical needs.
(d) Explain how to respond to a sexual assault in accordance with Reference (c), this Instruction, and the assigned Military Service regulations on:
1. Notification to command, SARC, and VWAP.
2. Investigating difficult cases to include drug and alcohol facilitated sexual assaults, having multiple alleged offenders and sexual assaults in the domestic violence context as well as same-sex sexual assaults (male/male or female/female).
(e) Review of available research regarding false information and the factors influencing false reports and false information, to include possible victim harassment and intimidation.
(f) Explain unique issues with sex offenders to include identifying, investigating, and documenting predatory behaviors.
(g) Explain how to work with the SARC and SAPR VA to include SAPR VA and SARC roles, responsibilities, and limitations; victim services and support program; and MRE 514.
g. Judge advocate training shall:
(1) Prior to performing judge advocate duties, adhere to the responder training requirements in paragraph 7.a. of this enclosure for judge advocates who are responsible for advising commanders on the investigation or disposition of, or who prosecute or defend, sexual assault cases.
(2) Explain legal support services available to victims.
(a) Pursuant to the respective Military Service regulations, explain that each Service member who reports a sexual assault shall be given the opportunity to consult with legal assistance counsel and SVC/VLC, and in cases where the victim may have been involved in collateral misconduct, to consult with defense counsel.
1. Provide information concerning the prosecution, if applicable, in accordance with Reference (af). Provide information regarding the opportunity to consult with legal assistance counsel and SVC/VLC as soon as the victim seeks assistance from a SARC, SAPR VA, or any DoD law enforcement agent or judge advocate.
2. Ensure victims are informed of their rights and the VWAP program, in accordance with Reference (al) and paragraph 4.4. of Reference (av).
(b) Explain the sex offender registration program.
(3) Explain issues encountered in the prosecution of sexual assaults.
(a) Typologies (characteristics) of victims and sex offenders in non-stranger sexual assaults.
(b) Addressing the consent defense.
(c) How to effectively prosecute alcohol and drug facilitated sexual assault.
(d) How to introduce forensic and scientific evidence (e.g., SAFE Kits, DNA, serology, toxicology).
(e) Evidentiary issues regarding MRE 412, 413, and 615 of Reference (w).
(f) How to advise victims, SAPR VAs, and VWAP about the military justice process, and MRE 514. Explain:
1. Victims’ rights during trial and defense counsel interviews (e.g., guidance regarding answering questions on prior sexual behavior, interviewing parameters, coordinating interviews, case outcomes).
2. In the case of a general or special court-martial, the trial counsel will cause each qualifying alleged victim to be notified of the opportunity to receive a copy of the record of trial (not to include sealed materials unless approved by the presiding military judge or appellate court, classified information, or other portions of the record the release of which would unlawfully violate the privacy interests of any party, and without a requirement to include matters attached to the record under R.C.M. 11
3. Guidance on victim accompaniment (e.g., who may accompany victims to attorney interviews, what is their role, and what they should do if victim is being mistreated).
a. Defense counsel must request interviews through the victim’s counsel if the victim is represented by counsel.
b. The victim has the right to be accompanied to the Defense interview, in accordance with section 846 of Reference (d).
4. MRE 412 of Reference (w) and its application to an Article 32 preliminary hearings.
5. Protecting victim privacy (e.g., access to medical records and conversations with SARC or SAPR VA, discovery consequences of making victim’s mental health an issue, MRE 514).
h. Legal assistance attorney training shall adhere to the requirements of annual training in paragraphs 3.b. of this enclosure. Attorneys shall receive training in order to have the capability to provide legal assistance to sexual assault victims in accordance with the USD(P&R) Memorandum (Reference (ba)). Legal assistance attorney training shall include:
(1) The VWAP, including the rights and benefits afforded the victim.
(a) The role of the VWAP and what privileges do or do not exist between the victim and the advocate or liaison.
(b) The nature of the communication made to the VWAP as opposed to those made to the legal assistance attorney.
(2) The differences between the two types of reporting in sexual assault cases.
(3) The military justice system, including the roles and responsibilities of the trial counsel, the defense counsel, and investigators. This may include the ability of the Government to compel cooperation and testimony.
(4) The services available from appropriate agencies or offices for emotional and mental health counseling and other medical services.
(5) The availability of protections offered by military and civilian restraining orders.
(6) Eligibility for and benefits potentially available as part of transitional compensation benefits found in section 1059 of Reference (d), and other State and Federal victims’ compensation programs.
(7) Traditional forms of legal assistance.
i. SVC/VLC will adhere to the requirements of annual training in paragraphs 3.b. of this enclosure, to include explaining the nature of the relationship between a SVC/VLC and a victim will be the relationship between an attorney and client. In accordance with section 1044e of Reference (d), SVC/VLC training will include providing legal consultation regarding:
(1) Potential criminal liability of the victim, if any, stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.
(2) The Victim Witness Assistance Program, including:
(a) The rights and benefits afforded the victim.
(b) The role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison.
(c) The nature of communication made to the liaison in comparison to communication made to an SVC/VLC or a legal assistance attorney in accordance with section 1044 of Reference (d).
(3) The responsibilities and support provided to the victim by the SARC or a SAPR VA, to include any privileges that may exist regarding communications between those persons and the victim.
(4) The potential for civil litigation against other parties (other than the United States).
(5) The military justice system, including (but not limited to):
(a) The roles and responsibilities of the trial counsel, the defense counsel, and investigators.
(b) Any proceedings of the military justice process which the victim may observe.
(c) The U.S. Government’s authority to compel cooperation and testimony.
(d) The victim’s responsibility to testify and other duties to the court.
(6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.
(7) Eligibility and requirements for services available from appropriate agencies or offices for emotional and mental health counseling and other medical services.
(8) Legal consultation and assistance:
(a) In personal civil legal matters in accordance with section 1044 of Reference (d).
(b) In any proceedings of the military justice process in which a victim can participate as a witness or other party.
(c) In understanding the availability of, and obtaining any protections offered by, civilian and military protective or restraining orders.
(d) In understanding the eligibility and requirements for, and obtaining, any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of Reference (d) and other State and Federal victims’ compensation programs.
j. Chaplains, chaplain assistants, and religious personnel training shall:
(1) Adhere to the responder training requirements in paragraph 7.a. of this enclosure.
(2) Pre-deployment SAPR training shall focus on counseling services needed by sexual assault victims and offenders in contingency and remote areas.
(3) Address:
(a) Privileged communications and the Restricted Reporting policy rules and limitations, including legal protections for chaplains and their confidential communications, assessing victim or offender safety issues (while maintaining chaplain’s confidentiality), and MRE 514.
(b) How to support victims with discussion on sensitivity of chaplains in addressing and supporting sexual assault victims, identifying chaplain’s own bias and ethical issues, trauma training with pastoral applications, and how to understand victims’ rights as prescribed in References (am) and (av).
(c) Other counseling and support topics.
1. Offender counseling should include: assessing and addressing victim and offender safety issues while maintaining confidentiality; and counseling an offender when the victim is known to the chaplain (counseling both the offender and the victim, when there is only one chaplain at a military installation).
2. Potential distress experienced by witnesses and bystanders over the assault they witnessed or about which they heard.
3. Counseling for SARCs, SAPR VAs, healthcare personnel, chaplains, JAGs, law enforcement or any other professionals, who routinely work with sexual assault victims and may experience secondary effects of trauma.
4. Providing guidance to unit members and leadership on how to mitigate the impact that sexual assault has on a unit and its individuals, while keeping in mind the needs and concerns of the victim.
ENCLOSURE 11
DSAID
1. PURPOSE
a. In accordance with section 563 of Reference (j), DSAID shall support Military Service SAPR program management and DoD SAPRO oversight activities. It shall serve as a centralized, case-level database for the collection and maintenance of information regarding sexual assaults involving persons covered by this Instruction. DSAID will include information, if available, about the nature of the assault, the victim, the alleged offender, investigative information, case outcomes in connection with the allegat
b. Disclosure of data stored in DSAID will only be granted when disclosure is authorized or required by law or regulation.
2. PROCEDURES
a. DSAID shall:
(1) Contain information about sexual assaults reported to the DoD involving persons covered by this Instruction, both via Unrestricted and Restricted Reporting options.
(2) Include adequate safeguards to shield PII from unauthorized disclosure. The system will not contain PII about victims who make a Restricted Report. Information about sexual assault victims and subjects will receive the maximum protection allowed under the law. DSAID is accessible only by authorized users and includes stringent user access controls.
(3) Assist with annual and quarterly reporting requirements, identifying and managing trends, analyzing risk factors or problematic circumstances, and taking action or making plans to eliminate or to mitigate risks. DSAID shall store case information. Sexual assault case information shall be available to DoD SAPRO for SAPR program oversight (data validation and quality control), study, research, and analysis purposes. DSAID will provide a set of core functions to satisfy the data collection and analysis
(4) Receive information from the MCIO case management systems or direct data entry by authorized Military Service personnel.
(5) Contain information pertaining to all victims of sexual assault reported to the DoD through filing a DD Form 2910 or reporting to an MCIO. When a Service member is alleged to have sexually assaulted a civilian or foreign national, the SARC will request and the MCIO will provide the victim’s name, supporting PII, and the MCIO case file number, to include the unique identifier for foreign nationals, for entry into DSAID.
(6) A SARC will open a case in DSAID as an “Open with Limited Information” case when there is no signed DD 2910 (e.g., an independent investigation or third-party report, or when a civilian victim alleged sexual assault with a Service member) to comply with Section 563(d) of Reference (i) and to ensure system accountability.
b. The DD Form 2965 may be used as a tool for capturing information to be entered into DSAID when direct data entry is not possible, but the DD Form 2965 is not meant to be retained as a permanent form.
(1) SARCs and SAPR VAs will be the primary users of the DD Form 2965, which may be completed in sections as appropriate. Applicable sections of the form may also be used by MCIO and designated legal officer, if applicable, to provide required investigative and disposition information to SARCs for input into DSAID. Victims will NOT complete the DD Form 2965.
(2) In accordance with General Records Schedule 20, Item 2(a)4, users will destroy the DD Form 2965 immediately after its information has been inputted into DSAID or utilized for the purpose of developing the 8-day incident report (Reference (o)). In all cases, the DD Form 2965 will not be retained for longer than 8 days and will NOT be mailed, faxed, stored, or uploaded to DSAID. In a Restricted Report case, a copy of the DD Form 2965 will NOT be provided to commanders.
3. NOTIFICATION PROCEDURES AND RECORD ACCESS PROCEDURES
a. Requests for information contained in DSAID are answered by the Services. All requests for information should be made to the DoD Component that generated the information in DSAID. Individuals seeking to determine whether information about themselves is contained in this system of records or seeking access to records about themselves should address written inquiries to the appropriate Service office (see Service list at www.sapr.mil).
b. Requests for information to the DoD Components must be responded to by the office(s) designated by the Component to respond to FOIA and Privacy Act requests. Requests shall not be informally handled by the SARCs.
ENCLOSURE 12
SEXUAL ASSAULT ANNUAL AND QUARTERLY REPORTING REQUIREMENTS
1. ANNUAL REPORTING FOR THE MILITARY SERVICES. The USD(P&R) submits annual FY reports to Congress on the sexual assaults involving members of the Military Services. Each Secretary of the Military Departments must submit their Military Service report for the prior FY to the Secretary of Defense through the DoD SAPRO by March 1. The Secretary of the Navy must provide separate reports for the Navy and the Marine Corps. The annual report is accomplished in accordance with guidance from the USD(P&R) and sec
a. The policies, procedures, and processes in place or implemented by the SAPR program during the report year in response to incidents of sexual assault.
b. An assessment of the implementation of the policies and procedures on the prevention, response, and oversight of sexual assaults in the military to determine the effectiveness of SAPR policies and programs, including an assessment of how Service efforts executed DoD SAPR priorities.
c. Any plans for the following year on the prevention of and response to sexual assault, specifically in the areas of advocacy, healthcare provider and medical response, mental health, counseling, investigative services, legal services, and chaplain response.
d. Matrices for Restricted and Unrestricted Reports of the number of sexual assaults involving Service members that include case synopses, and disciplinary actions taken in substantiated cases and relevant information. See the appendix to this enclosure.
e. Analyses of the matrices of the number of sexual assaults involving Service members.
f. May include analyses of surveys administered to victims of sexual assault on their experiences with SAPR victim assistance and the military health and justice systems.
g. Analysis and assessment of the disposition of the most serious offenses identified in Unrestricted Reports in accordance with section 542 of Reference (p).
2. QUARTERLY REPORTS. The quarterly data reports from the Military Services are the basis for annual reports, including the data fields necessary for comprehensive reporting and metrics tracking. The information collected to prepare the quarterly reports has been assigned Report Control Symbol DD-P&R(A)2205. In quarterly reports, the policies and planned actions are not required to be reported. Each quarterly report and subsequent FY annual report shall update the status of those previously reported in
system will enable the DoD to track sexual assault cases from date of initiation to completion of command action or disposition. Quarterly reports are due:
a. February 15 for investigations opened during the period of October 1 - December 31.
b. May 15 for investigations opened during the period of January 1 - March 31.
c. August 15 for investigations opened during the period of April 1 - June 30.
d. The final quarterly report (July 1 - September 30) shall be included as part of the FY annual report.
3. ANNUAL REPORTING FOR THE MILITARY SERVICE ACADEMIES (MSAs). Pursuant to section 532 of Reference (i), the USD(P&R) submits annual reports on sexual harassment and violence at MSAs to the House of Representatives and Senate Armed Services Committees each academic program year (APY). The MSA Sexual Assault Survey conducted by the Defense Manpower Data Center (DMDC) has been assigned Report Control Symbol DD-P&R(A)2198.
a. In odd-numbered APYs, superintendents will submit a report to their respective Military Department Secretaries assessing their respective MSA policies, training, and procedures on sexual harassment and violence involving cadets and midshipmen no later than October 15 of the following APY. DMDC will simultaneously conduct gender relations surveys of cadets and midshipmen to collect information relating to sexual assault and sexual harassment at the MSAs to supplement these reports. DoD SAPRO will summa
b. In even-numbered APYs, DoD SAPRO and the DoD Diversity Management and Equal Opportunity (DMEO) Office conduct MSA site visits and a data call to assess each MSA’s policies; training, and procedures regarding sexual harassment and violence involving cadets and midshipmen; perceptions of Academy personnel regarding program effectiveness; the number of reports and corresponding case dispositions; program accomplishments; progress made; and challenges. Together with the DoD SAPRO and DMEO MSA visits, DMDC
4. ANNUAL REPORTING OF INSTALLATION DATA. Installation data is drawn from the annual reports of sexual assault listed in section 1 of this enclosure. The Secretaries of each Military Department must submit their Military Service report of sexual assault for the prior FY organized by installation, to the Secretary of Defense through the DoD SAPRO by April 30 of each year. The Secretary of the Navy must provide separate reports for the Navy and the Marine Corps. Reports will contain matrices for Restrict
sexual assaults involving Service members organized by military installation, and matrices including the synopsis and disciplinary actions taken in substantiated cases.
Appendix
Sexual Assault Offense – Investigation Disposition
APPENDIX TO ENCLOSURE 12
SEXUAL ASSAULT OFFENSE – INVESTIGATION DISPOSITION
Pursuant to the legislated requirements specified in Reference (l), the following terms are used by the Services for annual and quarterly reporting of the dispositions of subjects in sexual assault investigations conducted by the MCIOs. Services must adapt their investigative policies and procedures to comply with these terms.
a. Substantiated Reports. Dispositions in this category come from Unrestricted Reports that have been investigated and found to have sufficient evidence, and provided to command for consideration of action, which may include some form of punitive, corrective, or discharge action against an offender.
(1) Substantiated Reports Against Service Member Subjects. A substantiated report of sexual assault is an Unrestricted Report that was investigated by an MCIO, provided to the appropriate military command for consideration of action, and found to have sufficient evidence to support the command’s action against the subject. Actions against the subject may include initiation of a court-martial, nonjudicial punishment, administrative discharge, and other adverse administrative action that result from a repo
(2) Substantiated Reports by Service Member Victims. A substantiated report of a sexual assault victim’s Unrestricted Report that was investigated by an MCIO, and provided to the appropriate military command for consideration of action, and found to have sufficient evidence to support the command’s action against the subject. However, there are instances where an Unrestricted Report of sexual assault by a Service member victim may be substantiated but the command is not able to take action against the pe
b. Substantiated Report Disposition Descriptions. In the event of several types of action a commander takes against the same offender, only the most serious action taken is reported, as provided for in the following list, in descending order of seriousness. For each offender, any court-martial sentence and nonjudicial punishment administered by commanders pursuant to Article 15 of the UCMJ (section 815 of Reference (d)) is reported annually to the DoD in the case synopses or via DSAID. Further additiona
(1) Commander Action for Sexual Assault Offense
(a) Court-Martial Charges Preferred (Initiated) for Sexual Assault Offense. A court-martial charge was preferred (initiated) for at least one of the offenses punishable by Articles 120 and 125 of the UCMJ (sections 920 and 925 of Reference (d)), or an attempt to commit an Article 120 or 125, UCMJ offense that would be charged as a violation of Article 80 of the UCMJ (section 880 of Reference (d)) (see R.C.M.s 307 and 401 in Reference (w)).
s
(b) Nonjudicial Punishments (Article 15, UCMJ). Disciplinary action for at least one of the UCMJ offenses comprised within the SAPR definition of sexual assault that was initiated pursuant to Article 15 of the UCMJ (section 815 in Reference (d)).
(c) Administrative Discharges. Commander action taken to involuntarily separate the offender from military service that is based in whole or in part on an offense within the SAPR definition of sexual assault.
(d) Other Adverse Administrative Actions. In the absence of an administrative discharge action, any other administrative action that was initiated (including corrective measures such as counseling, admonition, reprimand, exhortation, disapproval, criticism, censure, reproach, rebuke, extra military instruction, or other administrative withholding of privileges, or any combination thereof), and that is based in whole or in part on an offense within the SAPR definition of sexual assault. Cases should be pl
(2) Commander Action for Other Criminal Offense. Report actions against subjects in this category when there is probable cause for an offense, but only for a non-sexual assault offense (i.e., the commander took action on a non-sexual assault offense because an investigation showed that the allegations did not meet the required elements of, or there was insufficient evidence for, any of the UCMJ offenses that constitute the SAPR definition of sexual assault). Instead, an investigation disclosed other offe
(a) Court-martial charges preferred (initiated) for a non-sexual assault offense.
(b) Nonjudicial punishments (Article 15, UCMJ (section 815 in Reference (d)) for non-sexual assault offense.
(c) Administrative discharges for non-sexual assault offense.
(d) Other adverse administrative actions for non-sexual assault offense.
c. Command Action Precluded. Dispositions reported in this category come from an Unrestricted Report that was investigated by an MCIO and provided to the appropriate military command for consideration of action, but the evidence did not support taking action against the subject of the investigation because the victim declined to participate in the military justice action, there was insufficient evidence of any offense to take command action, the report was unfounded by command, the victim died prior to co
(1) Victim Declined to Participate in the Military Justice Action. Commander action is precluded or declined because the victim has declined to further cooperate with military authorities or prosecutors in a military justice action.
(2) Insufficient Evidence for Prosecution. Although the allegations made against the alleged offender meet the required elements of at least one criminal offense listed in the SAPR definition of sexual assault (see Reference (c)), there was insufficient evidence to legally prove those elements beyond a reasonable doubt and proceed with the case. (If the reason for concluding that there is insufficient evidence is that the victim declined to cooperate, then the reason for being unable to take action shoul
(3) Victim’s Death. Victim died before completion of the military justice action.
(4) Statute of Limitations Expired. Determination that, pursuant to Article 43 of the UCMJ (section 943 of Reference (d)), the applicable statute of limitations has expired and the case may not be prosecuted.
d. Command Action Declined. Dispositions in this category come from an Unrestricted Report that was investigated by an MCIO and provided to the appropriate military command for consideration of action, but the commander determined the report was unfounded as to the allegations against the subject of the investigation. Unfounded allegations reflect a determination by command, with the supporting advice of a qualified legal officer, that the allegations made against the alleged offender did not occur nor w
(1) False Cases. Evidence obtained through an investigation shows that an offense was not committed nor attempted by the subject of the investigation.
(2) Baseless Cases. Evidence obtained through an investigation shows that alleged offense did not meet at least one of the required elements of a UCMJ offense constituting the SAPR definition of sexual assault or was improperly reported as a sexual assault.
e. Subject Outside DoD’s Legal Authority. When the subject of the investigation or the action being taken is beyond DoD’s jurisdictional authority or ability to act, use the following descriptions to report case disposition. To comply with Reference (l), Services must also
identify the number of victims associated with these dispositions and specify when there was insufficient evidence that an offense occurred in the following categories.
(1) Offender is Unknown. The investigation is closed because no person could be identified as the alleged offender.
(2) Subject is a Civilian or Foreign National not Subject to UCMJ. The subject of the investigation is not amenable to military UCMJ jurisdiction for action or disposition.
(3) Civilian or Foreign Authority is Prosecuting Service Member. A civilian or foreign authority has the sexual assault allegation for action or disposition, even though the alleged offender is also subject to the UCMJ.
(4) Offender Died or Deserted. Commander action is precluded because of the death or desertion of the alleged offender or subject of the investigation.
f. Report Unfounded by MCIO. Determination by the MCIO that the allegations made against the alleged offender did not occur nor were attempted. These cases are either false or baseless. Reference (l) requires the reporting of the number of victims associated with this category.
(1) False Cases. Evidence obtained through an MCIO investigation shows that an offense was not committed nor attempted by the subject of the investigation.
(2) Baseless Cases. Evidence obtained through an investigation shows that alleged offense did not meet at least one of the required elements of a UCMJ offense constituting the SAPR definition of sexual assault or was improperly reported as a sexual assault.
GLOSSARY
PART I. ABBREVIATIONS AND ACRONYMS
AD Army Directive
AFI Air Force Instruction
ALNAV All Navy Message
APY academic program year
ASD(HA) Assistant Secretary of Defense for Health Affairs
CCIR Commander’s Critical Information Requirement
CMG Case Management Group
CO commanding officer
CONUS continental United States
CPO civilian protective order
DFSC Defense Forensic Science Center
DHA Defense Health Agency
DMDC Defense Manpower Data Center
DMEO Diversity, Management and Equal Opportunity Office
DoDHRA Department of Defense Human Resource Activity
DoDD Department of Defense Directive
DoDI Department of Defense Instruction
D-SAACP DoD Sexual Assault Advocate Certification Program
DSAID Defense Sexual Assault Incident Database
DTM Directive-Type Memorandum
FAP Family Advocacy Program
FOIA Freedom of Information Act
FY fiscal year
GC DoD General Counsel of the Department of Defense
G/FO general or flag officer
HIV human immunodeficiency virus
HRRT High-Risk Response Team
IG DoD Inspector General of the Department of Defense
IPT integrated product team
JAG Judge Advocate General
LDT leadership development training
LOD line of duty
MCIO military criminal investigative organization
MCM Manual for Courts-Martial
MEO Department of Defense Military Equal Opportunity (MEO) Program
MHS military healthcare system
MOA memorandum of agreement
MOU memorandum of understanding
MPO military protective order
MRE Military Rules of Evidence
MSA Military Service Academy
MTF military treatment facility
NCIC National Crime Information Center
NDAA National Defense Authorization Act
NG National Guard
NGB National Guard Bureau
OCONUS outside the continental United States
PCA permanent change of assignment
PCS permanent change of station
PII personally identifiable information
PME professional military education
PRP personnel reliability program
RRCN Restricted Reporting case number
SAFE Sexual Assault Forensic Examination
SAPR Sexual Assault Prevention and Response
SAPRO Sexual Assault Prevention and Response Office
SAPR VA Sexual Assault Prevention and Response Victim Advocate
SARC Sexual Assault Response Coordinator
SES Senior Executive Service
SF standard form
SJA staff judge advocate
STD/I sexually transmitted diseases or infections
SVC Special Victims’ Counsel (Air Force, Army, NG, and Coast Guard)
SVC/VLC Special Victims’ Counsel (Air Force, Army, NG, and Coast Guard) or Victims’ Legal Counsel (Navy and Marine Corps)
SVIP Special Victim Investigation and Prosecution capability
UCMJ Uniform Code of Military Justice
U.S.C. United States Code
USD(P&R) Under Secretary of Defense for Personnel and Readiness
VLC Victims’ Legal Counsel (Navy and Marine Corps)
VWAP Victim Witness Assistance Program
PART II. DEFINITIONS
Unless otherwise noted, these terms and their definitions are for the purpose of this Instruction. Refer to the Glossary in Reference (c) for terms not defined in this Instruction.
accessions training. Training that a Service member receives upon initial entry into Military Service through basic military training.
certification. Refers to the process by which the Department credentials SARCs and SAPR VAs, assesses the effectiveness of sexual assault advocacy capabilities using a competencies framework, and evaluates and performs oversight over SARC and SAPR VA training. The certification criteria are established by the Department in consultation with subject-matter experts.
CMG. A multi-disciplinary group that meets monthly to review individual cases of Unrestricted Reports of sexual assault. The group facilitates monthly victim updates and directs system coordination, accountability, and victim access to quality services. At a minimum, each group shall consist of the following additional military or civilian professionals who are involved and working on a specific case: SARC, SAPR VA, military criminal investigator, DoD law enforcement, healthcare provider and mental heal
collateral misconduct. Victim misconduct that might be in time, place, or circumstance associated with the victim’s sexual assault incident. Collateral misconduct by the victim of a sexual assault is one of the most significant barriers to reporting assault because of the victim’s fear of punishment. Some reported sexual assaults involve circumstances where the victim may have engaged in some form of misconduct (e.g., underage drinking or other related alcohol offenses, adultery, fraternization, or other
confidential communications. Defined in Reference (c).
consent. Defined in Reference (c).
credible information. Information that, considering the source and nature of the information and the totality of the circumstances, is sufficiently believable to presume that the fact or facts in question are true.
credible report. Either a written or verbal report made in support of an Expedited Transfer that is determined to have credible information.
crisis intervention. Defined in Reference (c).
culturally-competent care. Defined in Reference (c).
DSAID. Defined in Reference (c).
designated activity. The agency that processes PCS or PCA for Expedited Transfers.
Air Force: Air Force Personnel Center.
Army: Human Resources Command for inter-installation transfers and the installation personnel center for intra-installation transfers.
Navy: Bureau of Naval Personnel.
U.S. Marine Corps: the order writing section of Headquarters Marine Corps.
Air and Army National Guard: the NGB or the Joint Forces Headquarters-State for the State involved.
emergency. Defined in Reference (c).
emergency care. Defined in Reference (c).
Executive Agent. The Head of a DoD Component to whom the Secretary of Defense or the Deputy Secretary of Defense has assigned specific responsibilities, functions, and authorities to provide defined levels of support for operational missions, or administrative or other designated activities that involve two or more of the DoD Components.
FAP. A DoD program designated to address child abuse and domestic abuse in military families and child maltreatment in DoD-sanctioned activities in cooperation with civilian social service agencies and military and civilian law enforcement agencies. Prevention, advocacy, and intervention services are provided to individuals who are eligible for treatment in military medical treatment facilities.
final disposition. Actions taken to resolve the reported incident, document case outcome, and address the misconduct by the alleged perpetrator, as appropriate. It includes, but is not limited to, military justice proceedings, nonjudicial punishment, or administrative actions, including separation actions taken in response to the offense, whichever is the most serious action taken.
gender-responsive care. Defined in Reference (c).
healthcare personnel. Persons assisting or otherwise supporting healthcare providers in providing healthcare services (e.g., administrative personnel assigned to a military MTF). Includes all healthcare providers.
healthcare provider. Those individuals who are employed or assigned as healthcare professionals, or are credentialed to provide healthcare services at a MTF, or who provide such care at a deployed location or otherwise in an official capacity. This also includes military personnel, DoD civilian employees, and DoD contractors who provide healthcare at an
occupational health clinic for DoD civilian employees or DoD contractor personnel. Healthcare providers may include, but are not limited to:
Licensed physicians practicing in the MHS with clinical privileges in obstetrics and gynecology, emergency medicine, family practice, internal medicine, pediatrics, urology, general medical officer, undersea medical officer, flight surgeon, psychiatrists, or those having clinical privileges to perform pelvic examinations or treat mental health conditions.
Licensed advanced practice registered nurses practicing in the MHS with clinical privileges in adult health, family health, midwifery, women’s health, mental health, or those having clinical privileges to perform pelvic examinations.
Licensed physician assistants practicing in the MHS with clinical privileges in adult, family, women’s health, or those having clinical privileges to perform pelvic examinations.
Licensed registered nurses practicing in the MHS who meet the requirements for performing a SAFE as determined by the local privileging authority. This additional capability shall be noted as a competency, not as a credential or privilege.
A psychologist, social worker or psychotherapist licensed and privileged to provide mental health care or other counseling services in a DoD or DoD-sponsored facility.
hospital facilities (Level 3). Minimum operational functions required for a Level 3 hospital include: command, control, and communications; patient administration; nutritional care; supply and services; triage; emergency medical treatment; preoperative care; orthopedics; general surgery; operating rooms and central materiel and supply services; anesthesia, nursing services (to include intensive and intermediate care wards); pharmacy; clinical laboratory and blood banking; radiology services; and hospital m
intimate partner. Defined in Reference (v).
installation. A base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. It does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or control of the Department of Defense in accordance with DoD 4165.66-M (Reference (bc).
installation commander. Commander of a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. It does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or control of the Department of Defense.
law enforcement. Includes all DoD law enforcement units, security forces, and MCIOs.
MCIOs. The U.S. Army Criminal Investigation Command, Naval Criminal Investigative Service, and Air Force Office of Special Investigations.
medical care. Includes physical and psychological medical services.
Military OneSource. A DoD-funded program providing comprehensive information on every aspect of military life at no cost to active duty, National Guard, and Reserve members, and their families. Military OneSource has a mandatory reporting requirement.
Military Services. The term, as used in the SAPR Program, includes Army, Air Force, Navy, Marines, Reserve Components, and their respective Military Academies.
non-identifiable information. Defined in Reference (c).
non-participating victim. Victim choosing not to participate in the military justice system.
official investigative process. Defined in Reference (c).
open with limited information. Entry in DSAID to be used in the following situations: victim refused or declined services, victim opt-out of participating in investigative process, third-party reports, local jurisdiction refused to provide victim information, or civilian victim with military subject.
personal identifiable information. Defined in Reference (c).
qualifying conviction. Defined in Reference (c).
recovery-oriented care. Defined in Reference (c).
responders. Includes first responders, who are generally composed of personnel in the following disciplines or positions: SARCs, SAPR VAs, healthcare personnel, law enforcement, and MCIOs. Other responders are judge advocates, chaplains, and commanders, but they are usually not first responders.
respond, response, or response capability. All locations, including deployed areas, have a 24 hour, 7 day per week sexual assault response capability. The SARC shall be notified, respond, or direct a SAPR VA to respond, assign a SAPR VA, and offer the victim healthcare treatment and a SAFE. In geographic locations where there is no SARC onsite, the on-call SAPR VA shall respond, offer the victim healthcare treatment and a SAFE, and immediately notify the SARC of the sexual assault. The initial response
Restricted Reporting. Reporting option that allows sexual assault victims to confidentially disclose the assault to specified individuals (i.e., SARC, SAPR VA, or healthcare personnel), and receive medical treatment, including emergency care, counseling, and assignment of a SARC and SAPR VA, without triggering an investigation. The victim’s report provided to healthcare personnel (including the information acquired from a SAFE Kit), SARCs, or SAPR VAs will NOT be reported to law enforcement or to the comm
re-victimization. A pattern wherein the victim of abuse or crime has a statistically higher tendency to be victimized again, either shortly thereafter or much later in adulthood in the case of abuse as a child. This latter pattern is particularly notable in cases of sexual abuse.
Safe Helpline. A crisis support service for members of the DoD community affected by sexual assault. The DoD Safe Helpline:
Is available 24/7 worldwide with “click, call, or text” user options for anonymous and confidential support.
Can be accessed by logging on to www.safehelpline.org or by calling 1-877-995-5247, and through the Safe Helpline mobile application.
Is to be utilized as the sole DoD hotline.
Does not replace local base and installation SARC or SAPR VA contact information.
SAFE Kit. Defined in Reference (c).
safety assessment. A set of guidelines and considerations post-sexual assault that the responsible personnel designated by the Installation Commander can follow to determine if a sexual assault survivor is likely to be in imminent danger of physical or psychological harm as a result of being victimized by or reporting sexual assault(s). The guidelines and considerations consist of a sequence of questions, decisions, referrals, and actions that responders can enact to contribute to the safety of survivors
safety plan component that survivors can complete and take with them to help improve coping, social support, and resource access during their recovery period.
SAPR IPT. A team of individuals that advises the USD(P&R) and the Secretary of Defense on policies for sexual assault issues involving persons covered by this Instruction. The SAPR IPT serves as the implementation and oversight arm of the SAPR Program. It coordinates policy and reviews the DoD’s SAPR policies and programs consistent with this Instruction and Reference (c) and monitors the progress of program elements. The SAPR IPT is chaired by the Director, SAPRO.
SAPR Program. Defined in Reference (c).
SAPR services. Services provided by a SARC and SAPR VA.
SAPR VA. Defined in Reference (c).
SAPRO. Defined in Reference (c).
SARC. Defined in Reference (c).
secondary victimization. The re-traumatization of the sexual assault, abuse, or rape victim. It is an indirect result of assault that occurs through the responses of individuals and institutions to the victim. The types of secondary victimization include victim blaming, inappropriate behavior or language by medical personnel and by other organizations with access to the victim post assault.
Service member. Defined in Reference (c).
sexual assault. Intentional sexual contact characterized by the use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent. As used in this Instruction, the term includes a broad category of sexual offenses consisting of the following specific UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal sex), or attempts to commit these offenses.
SVC. Attorneys who are assigned to provide legal assistance and representation in accordance with section 1044e of Reference (d) and Service regulations. The Air Force, Army, NG, and Coast Guard refer to these attorneys as SVC. The Navy and Marine Corps refer to these attorneys as VLC.
SVIP Capability. In accordance with Reference (m), a distinct, recognizable group of appropriately skilled professionals, including MCIO investigators, judge advocates, victim witness assistance personnel, and administrative paralegal support personnel, who work collaboratively to:
Investigate and prosecute allegations of child abuse (involving sexual assault or aggravated assault with grievous bodily harm), domestic violence (involving sexual assault or aggravated assault with grievous bodily harm), and adult sexual assault (not involving domestic offenses)
Provide support for the victims of such offenses.
trauma informed care. An approach to engage people with histories of trauma that recognizes the presence of trauma symptoms and acknowledges the role that trauma has played in their lives. Trauma-informed services are based on an understanding of the vulnerabilities or triggers of trauma survivors that traditional service delivery approaches may exacerbate, so that these services and programs can be more supportive and avoid re-traumatization.
Unrestricted Reporting. Defined in Reference (c).
VWAP. Provides guidance in accordance with Reference (al) for assisting victims and witnesses of crime from initial contact through investigation, prosecution, and confinement. Particular attention is paid to victims of serious and violent crime, including child abuse, domestic violence, and sexual misconduct.
victim. Defined in Reference (c).
VLC. Attorneys who are assigned to provide legal assistance and representation in accordance with section 1044e of Reference (d) and Service regulations. The Navy and Marine Corps refer to these attorneys as VLC. The Air Force, Army, NG, and Coast Guard refer to these attorneys as SVC.