IMMEDIATE CHANGES TO SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM POLICY:
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SUBJ/IMMEDIATE CHANGES TO SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM
POLICY//
REF/A/MSG/DSD WASHINGTON DC/10NOV21//
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NARR/REF A IS UPDATES TO DEPARTMENT OF DEFENSE POLICY AND PROCEDURES FOR THE
SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM AND ADULT SEXUAL ASSAULT
INVESTIGATIONS DSD MEMO.
REF B IS DODI 6495.02 VOL 1 SEXUAL ASSAULT PREVENTION AND RESPONSE: PROGRAM
PROCEDURES.
REF C IS DODI 5505.18 INVESTIGATION OF ADULT SEXUAL ASSAULT IN THE DEPARTMENT
OF DEFENSE. REF D IS OPNAVINST 1752.1C NAVY SEXUAL ASSAULT AND RESPONSE
(SAPR) PROGRAM.//
RMKS/1. This NAVADMIN announces two immediate changes to Navy Sexual Assault
Prevention and Response (SAPR) policy and adult sexual assault investigation
procedures.
a. Change One: Restricted Reporting has expanded. Victims are now
eligible to file a restricted report, even if they disclosed their sexual
assault to their commander or personnel in their chain of command. More
details provided in paragraph three.
b. Change Two: Expedited transfers timeline has been extended. Once an
adult sexual assault victim has filed an unrestricted report and has
requested an expedited transfer, the commander now has five days vice three
days to review and approve or disapprove this request. More details provided
in paragraph four.
2. This NAVADMIN implements specific policy changes due to new guidance in
line with reference (a), the Deputy Secretary of Defense (DepSecDef) and the
Department of Defense (DoD) Inspector General issued changes to SAPR policy
and adult sexual assault investigation procedures. The policies and
procedures updates are in line with our desire to protect our Sailors and
mission and helps ensure a focus on culture improvement. Changes are
identified below and are effective immediately.
3. Restricted Reporting. In line with reference (b), eligibility for
victims to file a restricted report has been expanded. Victims are now
eligible to file a restricted report, even if they disclosed their sexual
assault to their commander or personnel in their chain of command. Other
provisions of restricted reporting remain unchanged.
a. Sexual assault victims wishing to file a restricted report may do so
provided they did not personally report the sexual assault incident to law
enforcement, to include Military Criminal Investigation Organizations (MCIO)
such as the Naval Criminal Investigative Service (NCIS), and they did not
previously file an unrestricted report by signing a Victim Reporting
Preference Statement, DD Form 2910, with a Sexual Assault Response
Coordinator (SARC) or SAPR Victim Advocate (VA), for the same sexual assault
incident. In line with reference (d), commanders may only initiate
internal command inquiry or investigation for initially reported sexual
assaults after MCIO or civilian law enforcement declines to investigate or
concludes their investigation and presents findings to the appropriate
convening authority.
b. While the victim retains eligibility for a restricted report even
after they disclose their sexual assault to their commander or personnel in
their chain of command, a commander, in line with references (b) and (c),
must immediately contact the MCIO upon being notified of a sexual assault,
whether the sexual assault is in his or her own chain of command or another.
c. Regardless of a victims eligibility to restricted reporting status,
military law enforcement and MCIOs retain their duty to initiate a criminal
investigation in response to allegations of adult sexual assault, in line
with reference (c).
d. The commander and other appropriate personnel in the chain of command
who receive a report of a sexual assault from a victim, regardless of the
victims desire to maintain restricted reporting status, must:
(1) Inform the individual disclosing the sexual assault of their
respective reporting requirements.
(2) Encourage the victim to meet with a SARC or SAPR VA.
(3) Inform the victim that their reporting to the chain of command
has no impact on the victim choosing to file a restricted or unrestricted
report.
e. As we continue to drive a culture of accountability, it is imperative
that commanders and personnel in the chain of command ensure victim privacy
and reporting confidentiality throughout the reporting and response protocol
process, regardless of reporting option elected by the victim.
4. Expedited Transfers. In line with reference (b) and section 531 of
National Defense Authorization Act for FY 2021, once an adult sexual assault
victim has filed an unrestricted report and has requested an expedited
transfer, the requesting Service Members commander now has five days vice
three days to review and approve or disapprove expedited transfers.
a. Victims who retain restricted reporting status, even if they
disclosed the sexual assault to their chain of command, may not request an
expedited transfer or a Military Protective Order (MPO) without converting to
an unrestricted report. However, if there are safety concerns, the SARCs
must conduct a new safety assessment and take any appropriate measures (to
include discussing with the Staff Judge Advocates whether the situation meets
the *Safety Exception* for restricted reporting). Additionally, the
commander on their own accord (without a request from a victim) may decide to
issue a MPO.
b. The Naval Military Personnel Manual Article 1300-1205 on expedited
transfers has been updated with required changes. The point of contact for
this action is NAVPERSCOM Deployability Assessment and Assignment Branch
(PERS-454) Branch Head, CAPT Paul D. Kane, at (901) 874-4210 or via email at
paul.d.kane3.mil@us.navy.mil.
5. Additional DoD SAPRO and DoD Inspector General policy updates that do not
require additional specific Navy guidance are posted on
https://www.sapr.mil/latest-policy-updates and are as follows:
a. Defense Sexual Assault Incident Database (DSAID) updates involving
the Replacement of Lost Forms, Retaliation Reporting and Electronic File
Locker. SARCs have been trained on the procedures, changes have been made in
the DSAID database and new forms have been published and distributed.
b. Revisions to the Monthly Case Management Group Meetings for Adult
Sexual Assault Cases. Case Management Group Chairs have an expanded role to
improve oversight of victim safety, expedited transfer completion and
adjudication of retaliation allegations.
c. Assisting victims with obtaining their personal property from NCIS in
unrestricted and restricted sexual assaults.
(1) DoD SAPRO has published Return of Victims Personal Property in
Restricted Sexual Assault Cases Collected during a Sexual Assault Forensic
Examination, DD Form 2910-3, to document the victims request for release of
their personal property.
(2) NCIS has developed procedures that allow for return of personal
property to victims who have filed an unrestricted or restricted report of a
sexual assault.
(3) SARCs have been trained on the procedures for assisting sexual
assault victims in obtaining their personal property.
d. Expanded Eligibility for participation in Catch a Serial Offender
(CATCH). DoD SAPRO is developing procedures for sexual assault victims who
have filed an unrestricted report to participate in the CATCH program.
e. Updated Reporting Forms, Requests for Copies of Forms and Procedures
for the Retention of Forms. DoD SAPRO has updated and released new forms for
use by sexual assault victims. SARCs have been trained on using the
following new forms:
(1) Victim Reporting Preference Statement, DD Form 2910.
(2) Replacement of Lost DD Form 2910, Victim Reporting Preference
Statement, DD Form 2910-1.
(3) Retaliation Reporting Statement for Unrestricted Sexual Assault
Cases, DD Form 2910-2.
f. SARCs have been trained on the response to official reports of
retaliation, reprisal, ostracism and maltreatment associated with
unrestricted reports of adult sexual assault and the entry of these reports
into the DSAID database. SARCs have been trained on a new DSAID
module: SAPR Related Inquiry for individuals seeking to generate a CATCH
login or general information about SAPR services, but who choose not to file
an official report of sexual assault or retaliation associated with sexual
assault.
g. SAPR Quarterly Case Management (CMG) Meetings.
(1) SAPR Quarterly CMG meetings will be held to discuss systemic
issues regarding victim care.
(2) The CMG chair will schedule quarterly discussions.
(3) The quarterly meetings will be a separate discussion from
individual case management oversight and no information directly related to
specific reports and/or specific victims will be discussed.
h. Training is being developed to enable commanding officers to:
(1) Explain to all personnel in their respective chain of command
(officer and enlisted) that if they become aware of allegations of
retaliation, reprisal, ostracism or maltreatment, they must take appropriate
measures to protect the individual who reported the allegation(s).
(2) Explain how to prevent retaliation, reprisal, ostracism and
maltreatment in a unit after a report of an alleged sexual assault.
i. Posters are being developed for Installation Commanding Officers and
commanders to display. These posters will:
(1) Describe how to report a sexual assault allegation.
(2) Describe how to seek assistance for a sexual assault, including
associated reports of retaliation.
6. This NAVADMIN will remain in effect until superseded or canceled,
whichever occurs first. The above policy changes will be included in the
next update to reference (d).
7. Point of contact. Ms. Cindy Stewart, Navy Sexual Assault Prevention and
Response Office (OPNAV N170A) at (703) 604-1036, or e-mail at
cynthia.d.stewart.civ@us.navy.mil.
8. Released by Vice Admiral Richard J. Cheeseman, Jr., N1.////
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