Sexual Assault Response Policy (SARP)

MACC-S-HR

SUBJECT: United States Corps of Cadets (USCC) Sexual Assault Response Policy (SARP)

HEADQUARTERS UNITED STATES MILITARY ACADEMY

OFFICE OF THE COMMANDANT OF CADETS

WEST POINT, NEW YORK 10996

MACC-S-HR 07 January 2007

USCC POLICY MEMORANDUM 39-07

SUBJECT: United StatesCorps of Cadets (USCC) Sexual Assault Response Policy (SARP)

1. REFERENCES:

a. Army Regulation (AR) 195-1, Army Criminal Investigations Program, 12 August 1974.

b. Privacy Act of 1974, 5 USC § 552a.

c. Medical Department Activity (MEDDAC) Regulation 40-424, Identification and Medical Management of Suspected Child, Spouse or Elder Abuse and Alleged Victims of Sexual Assault, 2 February 2004.

d. Criminal Investigation Division (CID) Regulation 195-1, Criminal Investigations, CID Operations, 15 June 2004.

e. MEDCOM Memorandum, Subject: Medical Treatment Facility Management of Reported Alleged Sexual Assault Cases, 27 July 2004.

f. Medical Command (MEDCOM) Regulation 40-36, Medical Facility Management of Sexual Assault, 23 December 2004.

g. Manual for Courts-Martial (2005 Edition), Rule for Courts-Martial (RCM) 704, Immunity.

h. DOD Directive 6495.01, Sexual Assault Prevention and Response (SAPR) Program, dated 6 October 2005.

i. AR 27-10, Military Justice, Chapter 18, Victim/Witness Assistance, 16 November 2005.

j. AR 600-20, Army Command Policy, Chapter 8 and Appendix F-I, dated 1 February 2006.

k. DOD Directive 6495.02, Sexual Assault Prevention and Response (SAPR) Program Procedures, dated 23 June 2006.

m.

n.

2. PURPOSE: To issue policy, establish procedures, and designate responsibility for implementation of the USCC SARP.

3. APPLICABILITY: This policy provides procedures for cadets assigned to USCC. Staff and faculty members are covered under the policies and procedures outlined in the USMA SARP.

4. POLICY:

a. Cadets assigned to USCCwho are victims of sexual assault will be treated with respect.

b. Members of the command, law enforcement officials, and medical staff will ensure the sensitive, coordinated, and effective management of sexual assault cases.

c. TacticalOfficers, coaches, supervisors, members of the Staff Faculty and members of a victim’s Chain of Command, including the Cadet Chain of Command, that witness or know of a sexual assault incident or an alleged sexual assault are required to report the incident. The only exception to this is if a victim informs an Unrestricted Source of a desire to make a Restricted Report, then the Unrestricted Source will ensure that the victim is referred immediately to a restricted channel.

d. Victims have the option of reporting through restricted or unrestricted channels.

e. Allsexual assaults reported through unrestricted channels will be immediately forwarded through command channels to the Chief of Staff (C/S), USCC. All sexual assaults reported through restricted channels will be forwarded to the C/S, USCC; however, no information that could reasonably lead to personal identification of the victim will be released.

f. TheC/S, USCC will immediately forward all reports of sexual assault to the C/S, United States Military Academy (USMA).

5. DISCUSSION:

a. USCC’s Goals. The goal of USCC is to provide a safe and healthy learning environment for cadets. To this end, USCC has established procedures for investigating and responding to alleged incidents of sexual assault, providing continuing support to victims of sexual assault, addressing at-risk conduct such as excessive alcohol consumption, and educating USCC about sexual assault. The full cooperation of all personnel assigned to USCC is essential in order to support those who have been victims of sexual assaults, to minimize illegal behavior, and to respond appropriately when sexual assaults occur.

b. Non-toleration of Criminal Behavior. Sexual assault is a crime. Each USCC member plays a role in ensuring the safety and well-being of all members of USCC by reporting and encouraging others to report incidents of sexual assault.

c. Release of Reported Information. All information regarding an incident of sexual assault is considered law enforcement sensitive. The information is also protected from release by the Privacy Act of 1974, which applies to both victims and subjects. Information shall be shared only for official purposes with those who have an official need for this information in the performance of their duties. All requests for information by media should be directed to the Public Affairs Office (PAO), who will coordinate with the Office of the Staff Judge Advocate (OSJA) before releasing any information. All other non-official channels should forward their requests to the Freedom of Information Office.

6. PROCEDURES:

a. Reporting Incidents.

(1) Victims:

(a) Victims are encouraged to report incidents of sexual assault to a person or entity listed in Figure 1. Victims may elect to report a sexual assault through restricted (confidential) or unrestricted (non-confidential) channels as identified in Figure 1.

(b) If a victim chooses to seek assistance from a Restricted Reporting Channel, the victim’s confidentiality and privacy choice will be respected. These individualswill inform the victim that, unless the victim reports the incident through Unrestricted Channels, the victim’s confidentiality choice may prevent the command from taking action against the subjectunless the victim later waives confidentiality.

(2) Non-Victims:

(a) Any individual identified as an unrestricted channel, to include: coaches, supervisors, mentors, officer representatives, instructors, and members of a victim’s cadet chain of command, who either witness or know of an alleged sexual assault, will report the incident to the Tactical Officer (TAC) who initiates the formal reporting procedures for an Unrestricted Report. The only exception to this is if a victim informs an Unrestricted Source of a desire to make a Restricted Report, then the Unrestricted Source will ensure that the victim is referred immediately to a restricted channel. Victims can also inform individuals who are restricted sources of their desire to make an unrestricted report, such as the SAC-HR or a victim advocate.

(b) Cadets in the chain of command are required to report as described above. Cadets not in the chain of command are encouraged to report, or to encourage the individual involved in the incident to report, but it is not mandatory. It is important for victims to report the incident so that they can access the support resources available to victims of sexual assault. All the resources are available to anyone who reports a sexual assault, regardless of whether the report is restricted or unrestricted.

b. Actions Upon ReportingThrough Unrestricted Channels.

(1) Forwarding Report through Official Channels. Once a report of sexual assault has been received throughanUnrestrictedReporting Channel, the person receiving the report is responsible for contacting the Criminal Investigation Division (CID) (x3513). If the report involves a cadet,CID will immediately inform appropriate representatives from the chain of command. The chain of command will then notifythe SAC-HR, the OSJA, medical facilities, and other law enforcement agencies of the allegation. All reports of sexual assault will be immediately forwarded through command channels to the C/S, USCC. Chain of command is encouraged to ensure that the victim receives victim advocacy support prior to any formal interviews with CID.

(2) Assignment of Victim Advocate (VA). Once the SAC-HR has been notified by chain of command of an unrestricted report or if the report is initiated by any member of the restricted channel, the SAC-HR will coordinate with the Director of the CPD to assign a VA. The assigned VA will provide the victim information on the process that occurs for an unrestricted report as well as the types of additional support that are available such as protective orders, safety planning as well as specific issues related to personally dealing with post-assault trauma. The VA will explain to the victim the option of obtaining a forensic medical examination, which may include the collection of evidence and will obtain the victim’s written choice for the selected reporting option, before any further action will be taken.

(3) Sexual Assault Response Team (SART). The SART shall be led by theSAC-HR and composed ofthe victim’s company TAC, the VA, the USCC Legal Advisor,a PAO representative, and CIDInvestigator. Other personnel, such as the subject’s Tactical Non-commissioned Officer (TAC NCO), chaplains, or medical representativesmay be assigned as members of the SART in appropriate cases. The SAC-HR will initiate coordinated discussion of the casewith other SART members within 24 hours of initial reporting of the incident to USCC authorities. If appropriate, the SAC-HR will convene a meeting of the SART the first duty day after the incident is reported. The SART is responsible for coordinating medical care for and law enforcement questioning of the victim as well as ensuring the victim is informed of available support services. Additionally, in preparation for the USMA Sexual Assault Review Board (SARB), USCC will convene a monthly SART meeting to provide specific case updates and raise concerns, issues, trends etc, to the SAC-HR. The purpose of this meeting is two-fold. It will provide the USCC leadership with an opportunity to remain connected to the cases of their cadets and will also foster an open environment where issues that are connected to ongoing cases can be discussed. The attendees for this meeting will the C/S, USCC, Brigade Tactical Officer (BTO), Regimental Tactical Officer (RTO)/TAC Teams that have ongoing cases, USCC Legal Advisor, CPD, Chaplain, CID and Medical Personnel as appropriate. The SAC-HR will consolidate raised issues and concerns and address these as appropriate during the USMA SARB.

(4) Medical Care. The SART will coordinate with medical personnel to ensure that appropriate medical care is provided for the victim. The USCC Legal Advisor, CID, and medical personnel will coordinate to ensure that the level of medical examination conducted is appropriate based on the time elapsed since the incident and other considerations. If the victim or reporting agency determines immediate care is necessary, the patient should be transported immediately to the Emergency Room at Keller Army Community Hospital (KACH).

(5)Law Enforcement Investigation. The SART will ensure that the victim is made available as soon as possible for initial law enforcement questioning regarding the incident. CID will have primary responsibility for conducting the investigation. The command will not compromise the law enforcement investigation by delaying reporting of the incident to law enforcement officials or conducting its own investigation.

(6) Status of Investigation. In those instances when the victim is a member of the military, the victim’s chain of command is responsible for notifying the victim of the outcome of the law enforcement investigation. In all other cases, CID will coordinate with the prosecutor in order to determine the most appropriate person to provide notification. The victim’s views shall be considered by the command in determining the appropriate disposition of allegations of sexual assault. Depending on the status of the subject (military, DOD/DA civilian, contractor, or civilian), military or civilian criminal charges and military or civilian administrative sanctions may be pursued against the subject.

(7) Continuing Review of Case. The SAC-HR will convene a monthly meeting of the USCC SART members to review actions taken with the recent cases. This review will include agency review of their ongoing actions for the unrestricted cases and overall process review. The SAC-HR will compile USCC input on cases and process and participate as appropriate in the monthly USMA SARB meeting. On a monthly basis, the SAC-HR shall submit a report to the C/S, USCCdetailing the dates and actions taken related to all open cases of sexual assault (i.e., date of report, to whom, how processed, medical examination, follow-up appointments, status of law enforcement investigation, pending disciplinary actions, etc.). The report should make recommendations on how to improve USCC’s responsiveness to victims’ needs.

c. Actions Upon Reporting Through Restricted Channels.

(1) Forwarding Report to SAC-HR. Once a report of sexual assault has been received by a Restricted Reporting Source, the individual receiving the report is responsible for contacting the SAC-HR immediately. The person receiving the report will not notify the chain of command. The SAC-HR will gather information regarding the sexual assault incident without information that could reasonably lead to personal identification of the victim. The SAC-HR will report this information to the C/S, USCC, the Commandant and the Special Assistant to the Superintendent for Human Relations (SAS-HR)within 24 hours.

(2) Assignment of VA. Immediately upon receiving a Restricted Report of a sexual assault, the SAC-HR will coordinate with the Director of the CPD to assign a VA. The assigned VA will provide the victim information on the pros and cons of unrestricted versus restricted reporting. The VA will explain to the victim the option of obtaining a forensic medical examination, which may include the collection of evidence and will obtain the victim’s written choice for the selected reporting option, before any further action will be taken.

(3) Victim’s Acknowledgment of Restricted Reporting Limits. The VA will explain to the victim why the Army prefersUnrestricted Reporting and will ensure that the victim acknowledges in writing their understanding that Restricted Reporting may limit the ability of the government to prosecute the assailant.

7. RESPONSIBILITIES:

a. Brigade Tactical Department - Tactical Chain of Command.

(1) Protect the privacy of the victim and subject.

(2) Ensure administrative and legal due process for subjects.

(3) Ensure allreports of sexual assault areimmediately forwarded to theCriminal Investigative Division, (x3513), the SAC-HR, and to the C/S, USCC.

(4) Coordinate all official actions and inquiries with law enforcement agencies. Every allegation of sexual assault received through unrestricted reporting channels must be referred to CID/MPI for investigation. Commanders will not question suspects or collectevidence unless directed to do so by CID/MPI.

(5) Issue no-contact orders as appropriate and minimize victim-subject contact to greatest extent possible.

(6) Consider whether it is possible and appropriate to delay punishment of the victim for the victim’s related offenses, if any, until resolution of allegations against the subject. In the event that information provided by a victim or a witness indicates a basis for granting immunityfor collateral misconduct related to reported incidents of sexual misconduct or assault, forward chain of command recommendations regarding immunity, through the Commandant to the Superintendent for consideration. The authority to grant immunity is held solely by the Superintendent. Immunity must be granted in writing, pursuant to the procedures described in the Manual for Courts-Martial, RCM 704.

(7) Ensure feedback on case status is provided to victims of sexual assault. The victim’s RTO will update the victim fourteen days after the initial report. Thereafter, the RTO will ensure, at a minimum, a monthly update is provided to the victim. This will continue until final disposition of the reported assault. Additionally, the RTO will follow up with the victim within 45 days after disposition of the case to ensure the victim’s needs have been addressed.

(8) Participate in the development, coordination and implementation of sexual assault prevention and reporting education as part of Professional Military Ethics Education (PME2).

(9) Provide SAC-HR with feedback on victim issues from chain of command perspective for discussion in the monthly USMA SARB meeting.

b. Special Assistant to the Commandant for Human Relations (SAC-HR).

(1) Perform all duties required as the Sexual Assault Response Coordinator (SARC) for USCC.

(2)Immediately report all sexual assaultsto the C/S, USCC and the installation SARC.

(3) Gather data and provide a quarterly report to the C/S, USCC regarding all sexual assaults. Track services provided to victims of sexual assault from the initial report through disposition and resolution of the victim’s health and well being.

(4) Coordinate discussion and meeting of SART after an initial report of sexual assault and monthly USCC SART meeting.

(5) Coordinate with CPD to ensure all sexual assault victims are assigned a VA.

(6) Participate in the development, coordination and implementation of sexual assault prevention and reporting education as part of PME2.

(7) Participate in USMA/Garrison SARB monthly meetings providing information as appropriate based on DOD guidance.

c. Medical Care Providers.

(1) Refer sexual assault victims to KACH. KACH will collect forensic evidence related to a reported sexual assault as well as treat the victim’s immediate and long-term medical needs, such as identification and treatment of sexually-transmitted diseases.

(2) The Mologne Cadet Health Center (MCHC) may provide initial examination and follow-up treatment for cadet victims when law enforcement officials determine a complete sexual assault kit is not necessary based on the time elapsed between the incident and reporting.

(3) Based on services provided to sexual assault victims, providetrend analysis to the SAC-HRconcerning behaviors that may contribute to an environment that may increase the likelihood of assault.

(4) All medical care providers will be trained on the differences between Unrestricted and Restricted Reporting and their responsibilities under each method.

(5) Participate in the development, coordination and implementation of sexual assault prevention and reporting education as part of PME2.

(6) Notify the SAC-HR whenever a sexual assault victim presents themselves to MCHC. Inform the SAC-HR as to whether the victim wants to make a Restricted or Unrestricted Report.

(7) Participate in USMA/Garrison SARB monthly meetings providing information as appropriate based on DOD guidance.

d. USCCCenter for Personal Development (CPD).

(1) Psychotherapists counsel individuals in private sessions and as VAs. Licensed psychotherapists may not divulge any information that is conveyed during these private counseling sessions without the patient’s written consent or as required by law.

(2) Determine the duty day and after-hour response plan for command, victim, and subject needs.

(3) Provide trend analysis to the SAC-HRregarding persons treated for sexual assault. For incidents that have been reported through Restricted Reporting Channels, mental health care providers shall disclose only trend data and other non-attributable information.

(4) Participate in the development, coordination and implementation of sexual assault prevention and reporting education as part of PME2.